BUILDING AMENDMENT (ENFORCEMENT AND OTHER MEASURES) ACT 2017 (NO. 21 OF 2017) - SECT 3 Definitions

BUILDING AMENDMENT (ENFORCEMENT AND OTHER MEASURES) ACT 2017 (NO. 21 OF 2017) - SECT 3

    (1)     In section 3(1) of the Building Act 1993 insert the following definitions—

""associate", in relation to a person, means a person who exercises a significant influence over the person or the operation or management of the person's business;

designated building surveyor has the meaning set out in section 80A(2);

"domestic partner" of a person means—

        (a)     a person who is in a registered domestic relationship with the person; or

        (b)     a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);

"Energy Safe inspector" means an inspector appointed under section 86 of the Gas Safety Act 1997 ;

"Energy Safe Victoria" has the same meaning as it has in the Energy Safe Victoria Act 2005 ;

excluded person has the meaning set out in section 171F;

"nominee director", in relation to a body corporate, means a director of the body corporate nominated by the body corporate as a nominee director under Division 1A of Part 11;

"registered body corporate" means a body corporate registered as a building practitioner under this Act;

"spouse" of a person means a person to whom the person is married;

"subsidiary", in relation to a body corporate, has the meaning set out in section 4A of the Competition and Consumer Act 2010 of the Commonwealth;".

    (2)     In section 3(1) of the Building Act 1993 , for the definition of "related body corporate" substitute —

""related body corporate", in relation to a body corporate, means a body corporate that would under section 4A(5) of the Competition and Consumer Act 2010 of the Commonwealth be taken to be related to that body corporate;".

    (3)         After section 3(2) of the Building Act 1993 insert —

    "(3)     For the purposes of the definition of domestic partner in subsection (1)—

        (a)     registered domestic relationship has the same meaning as it has in the  Relationships Act 2008 ; and

        (b)     in determining whether persons who are not in a registered domestic relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.".