Building Amendment

197 Pages·2017·0.95 MB·English

Authorised Version
Building Amendment (Enforcement and Other
Measures) Act 2017
No. 21 of 2017

TABLE OF PROVISIONS
Section Page
Part 1—Preliminary 1
1 Purposes 1
2 Commencement 2
Part 2—Registration of building practitioners 3
3 Definitions 3
4 When may a private building surveyor be appointed? 5
5 Circumstances in which private building surveyor may not act 5
6 New sections 80A and 80B inserted 6
7 New Division 1 of Part 11 substituted and Division 1A
inserted 8
8 Meaning of disciplinary action 41
9 Grounds for disciplinary action 41
10 Grounds for immediate suspension 42
11 Consequential amendments 42
12 New section 180C inserted 42
13 Application for licensing or registration as a plumber 43
14 Section 221U substituted and new section 221UA inserted 43
15 New section 241A substituted 44
16 New section 243A inserted 45
17 Penalties for bodies corporate 48
Part 3—Enforcement, building permits and building surveyors 49
18 Definitions 49
19 New section 15B inserted 49
20 Offences relating to carrying out building work 50
21 New sections 16A and 16B inserted 51
22 Section 24A substituted and new section 24B inserted 53
23 New section 25A substituted and sections 25AB to 25AE
inserted 56
24 Section 33 substituted 60
25 Section 34 substituted and new sections 35A and 35B inserted 61
26 Offences relating to compliance with direction 63

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Section Page
27 Notice to owner and Authority of non-compliance with
direction 63
28 New sections 78A and 78B inserted 63
29 New Division 1A of Part 6 inserted 64
30 Termination of appointment 68
31 Division 1 of Part 8 substituted 69
32 Building notices 72
33 Contents and form of building notice 72
34 Building orders—general 73
35 Building orders to stop building work 74
36 Building orders—minor works 75
37 Amendment or cancellation of certain building orders 75
38 Effect of decisions under appeal 75
39 Delegation by the Authority 75
40 Insertion of new Subdivision 2A in Division 2 of Part 12—
VBA inspectors 76
41 Role of municipal building surveyor outside municipal district 77
42 New section 221HA inserted 78
43 Enforcement staff 79
44 Repeal of sections relating to compliance auditors and
plumbing inspectors 80
45 Repeal of Division 1A of Part 13—Performance audits 81
46 Division 2 substituted in Part 13 81
47 Insertion of Subdivision heading in Division 2A of Part 13 124
48 Insertion of new Subdivision 2 in Division 2A of Part 13 124
49 Service of documents—generally 128
50 Proceedings for offences 130
51 Offence to hinder or obstruct 131
52 Section 246 substituted 131
53 New section 251A inserted 132
54 Section 253 substituted 133
55 New section 259AB inserted 134
56 General regulation-making powers 138
Part 4—Building permit numbers and levies 139
57 Definition 139
58 New section 18AA inserted 139
59 Consequential amendments relating to building permit levies 140
60 New section 18C inserted 140
61 Amendment to heading of Division 3 of Part 3 141
62 New section 23A inserted 142
63 New Division 3AA of Part 3 inserted 143
64 Functions of the Authority 145
65 Payments into Building account 146
66 Building permit levy must be paid 146
67 New section 205GA inserted 146
68 Section 205H substituted and new section 205HA inserted 147
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Section Page
69 Substitution of sections 205J and 205K and insertion of
section 205KA 148
70 New Subdivisions 4A and 4B inserted in Division 2 of Part 12 150
71 Application of Act to the Crown and public authorities 159
Part 5—Miscellaneous amendments to Building Act 1993 160
72 Definitions 160
73 Section 6 repealed 160
74 Decision on application for certificate of consent 160
75 Work not to be carried out until protection requirements met 161
76 Section 127 substituted and new section 127A inserted 161
77 Section 189 substituted 162
78 New section 192A inserted 163
79 Insurance for domestic building work to be provided by
designated insurers 164
80 Effect of decisions under appeal 164
81 Sections 174 and 174A repealed 164
82 Payments out of the Building account 165
83 Council to administer building provisions in its municipal
district 165
84 Appointment of municipal building surveyor 165
85 Section 216B substituted 166
86 Role of municipal building surveyor outside municipal district 166
87 People involved in a plumbing business need not be
licensed or registered 166
88 Regulations 166
89 Undertakings 167
90 New section 239A inserted 167
91 New section 242A inserted 168
92 New sections 259BA and 259BB inserted 168
93 New section 274 inserted 169
94 New Schedule 10 inserted 170
95 Miscellaneous amendments 179
96 References to Tribunal 181
97 References to the Victorian Building Authority 182
98 Suspension of licence where failure to comply with insurer's
direction 182
99 Updating of references 182
100 Repeal of redundant provisions 183
Part 6—Amendments to Domestic Building Contracts Act 1995 184
101 New section 29 substituted 184
102 General contents etc. of a contract 186
103 Breach of dispute resolution order notice 186
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Section Page
Part 7—Amendments to other Acts 187
Division 1—Amendments to Building Legislation Amendment
(Consumer Protection) Act 2016 187
104 New section 40A inserted 187
105 New Division 3 inserted in Part 6 187
106 Further limitations on issue of building permit 189
107 Offence to work as building practitioner without required
insurance 189
108 Section 71 repealed 189
Division 2—Amendment to Victorian Civil and Administrative
Tribunal Act 1998 189
109 New clause 4JA inserted in Schedule 1 to the Victorian Civil
and Administrative Tribunal Act 1998 189
Division 3—Amendment to Casino Control Act 1991 190
110 Administration of Building Act 190
Division 4—Amendment to Architects Act 1991 190
111 Grounds for disciplinary action against a registered architect 190
Division 5—Amendment to Criminal Procedure Act 2009 191
112 New clause 3AA inserted in Schedule 2—Indictable offences
that may be heard and determined summarily 191
Part 8—Repeal of amending Act 192
113 Repeal of amending Act 192

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Endnotes 193
1 General information 193

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Authorised Version

Victoria

Building Amendment (Enforcement and
†
Other Measures) Act 2017
No. 21 of 2017
[Assented to 23 May 2017]

The Parliament of Victoria enacts:

Part 1—Preliminary
1 Purposes
The main purposes of this Act are—
(a) to amend the Building Act 1993—
(i) to improve the enforcement of that Act;
and
(ii) to provide for the further regulation of
building practitioners; and
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Building Amendment (Enforcement and Other Measures) Act 2017
No. 21 of 2017
Part 1—Preliminary
(iii) to reform the building permit process;
and
(b) to amend the Domestic Building Contracts
Act 1995 to further regulate entry into
domestic building contracts; and
(c) to make consequential and other
miscellaneous amendments to other Acts.
2 Commencement
(1) This Part, Part 5 (except sections 77, 78, 83, 84
and 85), Part 7 (except Divisions 2 and 4), Part 8
and sections 21(2), 50(1), 56 and 103 come into
operation on the day after the day on which this
Act receives the Royal Assent.
(2) Subject to subsections (3) and (4), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision referred to in subsection (2)
(except Part 4 and Division 2 of Part 7) does
not come into operation before 1 July 2018, it
comes into operation on that day.
(4) If a provision of Part 4 or Division 2 of Part 7
does not come into operation before 1 July 2019,
it comes into operation on that day.

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Building Amendment (Enforcement and Other Measures) Act 2017
No. 21 of 2017
Part 2—Registration of building practitioners
Part 2—Registration of building
practitioners
3 Definitions
(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;

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Building Amendment (Enforcement and Other Measures) Act 2017
No. 21 of 2017
Part 2—Registration of building practitioners
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.".

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Building Amendment (Enforcement and Other Measures) Act 2017
No. 21 of 2017
Part 2—Registration of building practitioners
4 When may a private building surveyor be
appointed?
(1) In section 78(1A) of the Building Act 1993,
before "must not" insert ", or a related person
to that builder,".
(2) After section 78(4) of the Building Act 1993
insert—
"(5) In this section—
related person, in relation to a builder,
means—
(a) if the builder is a member of a
partnership, another partner in
the partnership; or
(b) if the builder is a body corporate,
an officer of the body corporate.".
5 Circumstances in which private building surveyor
may not act
In section 79(4) of the Building Act 1993, for the
definition of related person substitute—
"related person, in relation to a private building
surveyor, means—
(a) if the private building surveyor is a
member of a partnership, another
partner in the partnership; or
(b) if the private building surveyor is a
body corporate, a director of the body
corporate or any related body corporate
of the body corporate; or
(c) any employer of the private building
surveyor; or
(d) any employee or contractor of the
private building surveyor; or
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Building Amendment (Enforcement and Other Measures) Act 2017
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Part 2—Registration of building practitioners
(e) the spouse or domestic partner or a
sibling, parent or child of the private
building surveyor; or
(f) any person with whom the private
building surveyor has a contractual
arrangement that might reasonably be
seen to give rise to a conflict between
the private building surveyor's
functions as a private building surveyor
and the private building surveyor's
interests under the arrangement.".
6 New sections 80A and 80B inserted
After section 80 of the Building Act 1993
insert—
"80A Designated building surveyors
(1) This section applies if a registered body
corporate accepts an appointment as a
private building surveyor under this Part.
(2) The registered body corporate must ensure
that the work as building surveyor is carried
out by a director or employee of the body
corporate (the designated building
surveyor)—
(a) who is registered under Part 11 as a
building surveyor as the case requires;
and
(b) whose registration authorises the
director or employee to carry out that
work.
Penalty: 1200 penalty units.

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