Victorian Numbered Acts Victorian Numbered Acts(1) In the heading to section 15A of the Building Act 1993 omit " and spas ".
(2) In section 15A(1) of the Building Act 1993 —
(a) omit "and spas" (wherever occurring);
(b) in paragraph (b)(ii) omit "and spa barriers".
(3) In section 15A(3)(a) of the Building Act 1993 —
(a) omit "and spas";
(b) omit "and spa".
(4) In section 15A(3)(a)(i) of the Building Act 1993 omit "and spas" (wherever occurring).
(5) For section 15A(3)(a)(ii), (iii) and (iv) of the Building Act 1993 substitute —
"(ii) the procedures for applying to councils for registration of swimming pools, which may be for a limited or indefinite period; and
(iii) the procedures for the registration of swimming pools and, if registration is for a limited period, the renewal of the registration of swimming pools by councils; and
(iv) the information, records and documents to be recorded in swimming pool registers by councils; and".
(6) In section 15A(3)(a)(v) and (b) of the Building Act 1993 omit "and spa".
(7) In section 15A(3)(c) of the Building Act 1993 —
(a) for "pool and spa barrier" substitute "swimming pool barrier" (where twice occurring);
(b) for "swimming pool and spa inspectors" substitute "swimming pool inspectors".
(8) For section 15A(3)(d) of the Building Act 1993 substitute —
"(d) the lodgement with the relevant council of certificates of swimming pool barrier compliance and certificates of swimming pool barrier non-compliance in relation to swimming pools on certain land; and".
(9) In section 15A(3)(e) of the Building Act 1993 omit "or spa".
(10) In section 15A(3)(f) of the Building Act 1993 —
(a) omit "or spa";
(b) omit "and spa".
(11) In section 15A(3)(g) of the Building Act 1993 omit "or spas".
(12) In section 15A(3)(h)(i) of the Building Act 1993 omit "and spas" (wherever occurring).
(13) For section 15A(3)(h)(ii), (iii) and (iv) of the Building Act 1993 substitute —
"(ii) fees for searches by councils for information, records or documents relating to swimming pools located in their municipal districts; and
(iii) the inspection of swimming pool barriers and the issue of certificates of swimming pool barrier compliance and certificates of swimming pool barrier non-compliance; and
(iv) the lodgement of certificates of swimming pool barrier compliance and certificates of swimming pool barrier non-compliance with councils; and".
(14) In section 15A(3)(h)(v) of the Building Act 1993 omit "or spa".
23 Further limitations on the issue of building permits
For section 24A(1)(c)(i) of the Building Act 1993 substitute —
"(i) if the cost of the building work exceeds the prescribed amount—
(A) if the builder is not a member of a partnership, the name of the person who is named as the builder in the contract is identical to the name of the person specified as the builder in a certificate of insurance; or
(B) if the builder is a member of a partnership, the name of the builder and the name of the partnership specified in the contract is identical to the name of the builder and the name of the partnership specified in a certificate of insurance; and".
(2) After section 24A(3) of the Building Act 1993 insert —
"(4) In this section—
"certificate of insurance" means a certificate of insurance from the insurer providing the required insurance in relation to the building work.".
24 Financial probity requirements
(1) After section 171E(1)(f) of the Building Act 1993 insert —
"(fa) whether the applicant or, in the case of an applicant that is a body corporate, any director of that body corporate was a director or secretary of, or an influential person in relation to, a body corporate within 2 years before the body corporate went into external administration within the meaning of the Corporations Act;".
(2) In section 171E(2) of the Building Act 1993 insert the following definition—
""influential person" in relation to a body corporate means a natural person, other than a director or secretary of the body corporate, who is in a position to control or substantially influence the body corporate's conduct but does not include—
(a) a person who gives professional advice to the body corporate (other than in the person's capacity as an employee of the body corporate) that influences the body corporate's conduct; or
(b) a person employed or engaged by a State, Territory, local government or the Commonwealth who when performing a function under this Act, another Act or law in another jurisdiction influences the body corporate's business; or
(c) an administrator, controller, provisional liquidator or liquidator within the meaning of section 9 of the Corporations Act;".
(3) After section 171E(2) of the Building Act 1993 insert —
"(3) For the purposes of the definition of influential person in subsection (2), a person is taken to be an influential person in relation to a body corporate if the person—
(a) is the chief executive officer or general manager of the body corporate, or holds an equivalent position in the body corporate or is acting in that position; or
(b) directly or indirectly owns, holds or controls 50% or more of the shares in the body corporate, or 50% or more of a class of shares in the body corporate; or
(c) gives instructions to an officer of the body corporate and the officer generally acts on those instructions; or
(d) makes, or participates in making, decisions that affect the whole or a substantial part of the body corporate's business or financial standing; or
(e) engages in conduct or makes representations that would cause someone else to reasonably believe the person controls, or substantially influences, the body corporate's business.".
25 Abolition of Building Advisory Council
Division 3 of Part 12 of the Building Act 1993 is repealed .
26 Amendments consequential to the abolition of the Building Advisory Council
(1) In section 3(1) of the Building Act 1993 , the definition of Building Advisory Council is repealed .
(2) For section 166(4) of the Building Act 1993 substitute —
"(4) A person cannot at the same time be a member of the Building Appeals Board and be a Commissioner.".
(3) In section 195(2) of the Building Act 1993 , for "Building Advisory Council" substitute "Building Regulations Advisory Committee".
(4) In section 203(6) of the Building Act 1993 omit "the Building Advisory Council,".
(5) In section 205B(1)(c)(ii) of the Building Act 1993 omit ", the Building Advisory Council".
(6) In section 261(1)(o) of the Building Act 1993 omit "the Building Advisory Council,".
27 Appeals—Building regulations
In section 144(2) of the Building Act 1993 omit "or spa" (where twice occurring).
28 Membership and procedure—Building Regulations Advisory Committee
After section 210(2)(j) of the Building Act 1993 insert —
"(ja) one is to be nominated by the Building Designers Association of Victoria Inc.;".
29 Functions of Committee
After section 211(b) of the Building Act 1993 insert —
"(ba) to advise the Minister on the administration of this Act and the regulations, other than Part 12A and the regulations made under that Part;
(bb) to advise the Minister on the impact on the building regulations system established by this Act of regulations made under any other Act;
(bc) to advise the Minister on issues relating to the building permit levy;".
30 Register of swimming pools
(1) In the heading to section 216D of the Building Act 1993 omit " and spas ".
(2) In section 216D(1) of the Building Act 1993 omit "or spa".
(3) In section 216D(2) of the Building Act 1993 omit "and spas".
(4) In section 216D(3) of the Building Act 1993 —
(a) for "information relating to any swimming pool or spa" substitute "information, records and documents relating to any swimming pool";
(b) in paragraph (b) omit "or spa".
(5) In section 216D(5) of the Building Act 1993 —
(a) for "information" (where first occurring) substitute "information, records and documents";
(b) for "information" (where secondly and thirdly occurring) substitute "information, record or document".
(6) In section 216D(6) of the Building Act 1993 —
(a) omit "and spas";
(b) omit "or spa".
(7) For section 216D(7) of the Building Act 1993 substitute —
"(7) The following persons, in accordance with the regulations (if any), may inspect a register kept by a council during normal office hours—
(a) an owner of land in the municipal district of the council on which a swimming pool is located, but only in relation to any information, record or document recorded in the register relating to that swimming pool;
(b) an occupier of land in the municipal district of the council on which a swimming pool is located, but only in relation to any information, record or document recorded in the register relating to that swimming pool;
(c) a swimming pool inspector in relation to a swimming pool barrier located in the municipal district of the council, which the inspector has been engaged to inspect;
(d) a prescribed person, agency or body if the inspection of the information, record or document is necessary for the performance of any function of the person, agency or body.".
(8) In section 216D(8) of the Building Act 1993 , for "information" substitute "information, record or document".
31 New section 221ZZZFA inserted
After section 221ZZZF of the Building Act 1993 insert —
(1) The Authority must, by written notice given to a licensed or registered plumber, immediately suspend the licence or registration of the plumber (as the case requires) if the Authority considers it is in the interests of the public to do so pending an inquiry under this Division.
(2) For the purpose of subsection (1), matters that the Authority may have regard to in deciding whether it is in the interests of the public to immediately suspend the licence of a licensed plumber or the registration of a registered plumber include the following—
(a) whether the plumber is performing, has performed or has allowed others under the plumber's control to perform plumbing work that poses a serious risk to neighbouring properties;
(b) whether the plumber is performing, has performed or has allowed others under the plumber's control to perform plumbing work that poses a risk to the health and safety of persons;
(c) whether the plumber has been the subject of multiple adverse disciplinary actions by the Authority.
(3) The Authority may suspend a registration under subsection (1) either wholly or as a partial suspension in relation to a specified matter.
(4) The notice must state the following—
(a) the decision;
(b) the ground for the decision;
(c) the period of the suspension;
(d) that the plumber may apply to VCAT under Division 12 for review of the decision.
(5) The Authority must provide written reasons to the plumber for the immediate suspension within 5 business days after giving the notice.
(6) A suspension under subsection (1)—
(a) takes effect when the notice is given to the plumber; and
(b) continues for the period specified in the notice unless either of the following occurs—
(i) the suspension is revoked by the Authority;
(ii) the suspension is set aside by VCAT on an application for review under Division 12.".
32 New sections 221ZZZKA and 221ZZZKB inserted
After section 221ZZZK of the Building Act 1993 insert —
A person who has had a licence or registration as a plumber cancelled or suspended under Division 6 or this Division or as a result of a review by VCAT must, without delay after the decision to cancel or suspend the licence or registration takes effect, give notice in the prescribed form (if any) of the cancellation or suspension to any person who has a contract with the person relating to, or arising out of, the carrying out of the person's work as a licensed or registered plumber.
Penalty: 50 penalty units.
(1) A person whose licence or registration as a plumber is suspended under Division 6 or this Division or as a result of a review by VCAT is taken not to be licensed or registered (as the case requires) under Division 3 either wholly or, if it is a partial suspension, in relation to the matter specified in the suspension.
(2) A person whose licence or registration as a plumber is suspended under Division 6 or this Division or as a result of a review by VCAT may apply for a renewal of that licence or registration during the period of suspension but the renewed licence or registration remains suspended either wholly or as a partial suspension (as the case requires) in accordance with the terms of the suspension until the licence or registration is cancelled or the suspension ends or is revoked.".
33 Revocation of cancellation or suspension of licence or registration
(1) For the heading to section 221ZZZL of the Building Act 1993 substitute —
" Revocation of cancellation or suspension of licence or registration ".
(2) At the end of section 221ZZZL of the Building Act 1993 insert —
"(2) The Authority must revoke an immediate suspension under section 221ZZZFA if the Authority determines that the ground for the immediate suspension has ceased to exist.
(3) The Authority must, without delay, give written notice to a licensed or registered plumber of—
(a) the revocation of an order made under section 221ZZZJ cancelling or suspending the plumber's licence or registration; or
(b) the revocation of an immediate suspension of the plumber's licence or registration under section 221ZZZFA.".
34 Review by VCAT
For section 221ZZZP(1)(c) of the Building Act 1993 substitute —
"(c) any disciplinary action taken against the person by the Authority including—
(i) the suspension of a plumber's licence under section 221ZV(4); or
(ii) the immediate suspension of a plumber's licence or registration under section 221ZZZFA;".
35 General regulation-making powers
In section 261(1)(c) of the Building Act 1993 , after "certificates of consent," insert "certificates of accreditation and related documents,".
36 New section 279 inserted
After section 278 of the Building Act 1993 insert —
Schedule 11 has effect.".
37 New section 280 inserted
After section 279 of the Building Act 1993 insert —
(1) This section applies to an inquiry into the conduct of a building practitioner commenced but not determined by the Building Practitioners Board before the Board was abolished on 1 September 2016, which was continued by the Board under clause 4 of Schedule 8 but not determined by the Board before the commencement of this section.
(2) On the commencement of this section the Building Practitioners Board ceases to have the conduct of the inquiry and the Authority is to conduct and determine the inquiry.
(3) For the purposes of subsection (2)—
(a) the Authority is taken to have commenced the inquiry; and
(b) anything done in relation to the inquiry by the Building Practitioners Board before the commencement of this section is taken to have been done by the Authority; and
(c) the Authority may have regard to any record of the inquiry held by the Building Practitioners Board before the commencement of this section, including a record of evidence taken in the inquiry; and
(d) in the heading to clause 4 in Schedule 8 to the Building Act 1993 , the reference to " Building Practitioners Board " is taken to be a reference to " Authority "; and
(e) in clause 4(1) of Schedule 8 to the Building Act 1993 , the reference to "Board" where secondly occurring is taken to be a reference to "Authority"; and
(f) in clause 4(1) of Schedule 8 to the Building Act 1993 , the reference to "old provisions" is taken to be a reference to "Division 2 of Part 11 as in force immediately before 1 September 2016" and the old provisions referred to in that clause are modified as follows—
(i) all references to "Building Practitioners Board" or to "Board" in the old provisions are taken to be references to "Authority";
(ii) section 182(1)(b) is taken not to form part of the old provisions; and
(g) in clause 4(2) of Schedule 8 to the Building Act 1993 , the reference to "Building Practitioners Board" is taken to be a reference to "Authority"; and
(h) in clause 4(5) in Schedule 8 to the Building Act 1993 , the reference to "members of the Building Practitioners Board" is taken to be a reference to "commissioners of the VBA Board".'.
38 Schedule 1—repeal of item 5
Item 5 of Schedule 1 to the Building Act 1993 is repealed .
39 Schedule 3—membership and procedure of Boards
In clause 2 of Schedule 3 to the Building Act 1993 omit "who is not a member of the public service or the holder of a full-time statutory office".
40 Schedule 8—note to clause 4 inserted
At the foot of clause 4 of Schedule 8 to the Building Act 1993 insert —
" Note
Clause 4 has been amended referentially by further transitional provisions in section 280 which relate to the transfer of the conduct of any outstanding inquiries from the Building Practitioners Board to the Authority with effect from the commencement day of section 280.".
41 New Schedule 11 inserted—transitional and savings provisions relating to the Building and Environment Protection Legislation Amendment Act 2020
After Schedule 10 to the Building Act 1993 insert —
" Schedule 11—Transitional and savings provisions relating to the Building and Environment Protection Legislation Amendment Act 2020
Section 279
In this Schedule—
"accreditation holder" means the person issued with a certificate of accreditation for a building product accredited by the Building Regulations Advisory Committee or any other person or body prescribed for the purposes of section 14(1);
"amending Act" means the Building and Environment Protection Legislation Amendment Act 2020 ;
"building product" means a building product, construction method, design, component or system connected with building work.
(1) This Schedule does not affect or take away from the Interpretation of Legislation Act 1984 .
(2) This Schedule applies despite anything to the contrary in this Act.
If a building product is accredited by the Building Regulations Advisory Committee or any other person or body prescribed for the purposes of section 14(1) on or after 1 January 2019 and before the commencement of section 20 of the amending Act—
(a) the accreditation is taken to expire 3 years after the date of accreditation; and
(b) the Committee, person or body (as the case requires) must, within 60 days after the commencement of section 20 of the amending Act, give a written notice to the accreditation holder advising the holder of the expiry date of the accreditation and that the holder may apply for a renewal of the accreditation in accordance with this Act and the regulations.
(1) This clause applies in relation to a building product that has been accredited by the Building Regulations Advisory Committee or any other person or body prescribed for the purposes of section 14(1) before 1 January 2019.
(2) The Committee, person or body (as the case requires) must, within 60 days after the commencement of section 20 of the amending Act, give a written notice to the accreditation holder—
(a) requesting confirmation from the holder within 60 days after the notice is given that the accreditation is still required by the holder; and
(b) advising the holder that the accreditation will be revoked at the end of 6 months after the notice is given unless the holder has confirmed within the 60 day period that the accreditation is still required.
(3) The Committee, person or body (as the case requires) must publish a notice on the Authority's website and in a newspaper circulating generally in Victoria stating—
(a) that confirmation is required from each accreditation holder within 60 days after the notice is published that the accreditation is still required; and
(b) advising that every accreditation will be revoked at the end of 6 months after the notice is published unless the accreditation holder has within the 60 day period confirmed that the accreditation is still required by the holder.
(4) If an accreditation holder has confirmed that the accreditation is still required within the 60 day period, the Committee, person or body (as the case requires) must—
(a) issue a new certificate of accreditation in accordance with the regulations specifying that the accreditation will expire 3 years after the date of the issue of the certificate; and
(b) give a written notice to the accreditation holder that the accreditation will expire at the end of the 3 year period accompanied by the certificate of accreditation.
(5) If an accreditation holder does not, within the 60 day period, confirm that the accreditation is still required, the accreditation is revoked by virtue of this provision.
(6) The Committee, person or body (as the case requires) must—
(a) give a written notice to any person who had been the holder of an accreditation revoked under subclause (5) informing the person that the accreditation has been revoked and the date of the revocation; and
(b) publish a list of all the accreditations revoked under subclause (5) on the Authority's website and in a newspaper circulating generally in Victoria.
On the commencement of section 25 of the amending Act—
(a) all members of the Building Advisory Council other than the member nominated under section 207(2)(ba) go out of office; and
(b) the member of the Building Advisory Council nominated under section 207(2)(ba) is taken to be a member appointed to the Building Regulations Advisory Committee under section 210 for the remainder of the member's term of office with the Building Advisory Council before its abolition.
Despite the changes made to its membership by section 28 of the amending Act, the Building Regulations Advisory Committee is taken to be the same body and continues in operation subject to this Act.".
Part 4—Amendment of the Environment Protection Amendment Act 2018
42 Notice of applications for development licences to be published
In section 7 of the Environment Protection Amendment Act 2018 —
(a) in proposed section 52(2)(d) of the Environment Protection Act 2017 , for "notice." substitute "notice; and" ;
(b) after proposed section 52(2)(d) of the Environment Protection Act 2017 insert —
"(e) state that, if the notice for the proposed development licence is intended to be combined under section 70(a) with a notice for works given under the Environment Effects Act 1978 , any submissions referred to in paragraph (d)—
(i) must be made together with any submissions made for the Environment Effects Statement relating to the works; and
(ii) despite paragraph (d), must be made within the time limits within which the submissions must be made for that Environment Effects Statement.".
43 Amendment of permission on initiative of Authority or council
In section 7 of the Environment Protection Amendment Act 2018 , in proposed section 58(1)(c) of the Environment Protection Act 2017 , after "permit" (where secondly occurring) insert "or to impose a new condition on the licence or permit".
44 Joint publication
In section 7 of the Environment Protection Amendment Act 2018 , in proposed section 70(a) of the Environment Protection Act 2017 omit "required to be".
45 Applications for review by VCAT
In section 18 of the Environment Protection Amendment Act 2018 , for proposed section 431(3)(a)(ii) of the Environment Protection Act 2017 substitute —
"(ii) the licence is substantially in accordance with the assessment, by the Minister administering that Act, of the Environment Effects Statement prepared under that Act for those works; or".
46 Application for review by third parties
In section 18 of the Environment Protection Amendment Act 2018 , for proposed section 434(5)(a)(ii) of the Environment Protection Act 2017 substitute —
"(ii) the licence is substantially in accordance
with the assessment, by the Minister administering that Act, of the
Environment Effects Statement prepared under that Act for those works; or".
Part 5—Repeal of this Act
47 Repeal of this Act
This Act is repealed on 1 December 2021.
Note
The repeal of this Act does not affect the continuing operation of amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984 ).
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