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BUILDING (FURTHER AMENDMENT) BILL 2002

                 PARLIAMENT OF VICTORIA

         Building (Further Amendment) Act 2002
                                  Act No.


                       TABLE OF PROVISIONS
Clause                                                                   Page

PART 1--PRELIMINARY MATTERS                                                 1
  1.     Purpose                                                            1
  2.     Commencement                                                       2

PART 2--REGULATION OF PLACES OF PUBLIC
ENTERTAINMENT AND TEMPORARY STRUCTURES                                      3
  3.     Transfer of responsibility                                         3
  4.     Insertion of Division 2A into Part 5                               3
         Division 2A--Temporary Structures Permits                          3
         63A.   Prescribed temporary structure not to be used for
                public entertainment without permit                         3
         63B. Use of prescribed temporary structure must be in
                accordance with permit                                      4
         63C. Application for permit                                        4
         63D. Schedule 2 to apply                                           4
         63E.   Decision on application for permit                          4
         63F.   Reasons for refusal to be given                             5
         63G. Special conditions applying to permits                        5
         63H. More than one permit may be issued                            6
         63I.   Form of permit                                              6
         63J.   Effect of permit                                            6
         63K. Commission to be given copy of permit                         6
         63L.   Reporting authority to be notified of certain permits       7
         63M. Owner to notify others of permit                              7
         63N. Inspection of temporary structures                            7
         63O.    Transitional provision concerning existing occupancy
                permits                                                     8
  5.     Consequential amendments                                           8
  6.     Modification of inspection powers                                 10




                                       i
541260B.I1-15/5/2002                            BILL LA CIRCULATION 25-10-2004

 


 

Clause Page PART 3--EMERGENCY ORDERS AND BUILDING NOTICES AND ORDERS 11 7. Additional definitions 11 8. Substitution of sections 102 and 103 11 102. Emergency orders--builders 11 103. Emergency order--owners and occupiers 12 103A. Requirements concerning emergency orders 13 9. Consequential amendments concerning emergency orders 14 10. Substitution of section 106 14 106. Building notices--builders 14 106A. Building notices--owners and occupiers 15 11. Consequential amendments concerning building notices 17 12. Substitution of section 109 17 109. Representations concerning building notices 17 13. Substitution of section 111 18 111. Building orders--general 18 14. Consequential amendments concerning building orders 19 15. Insertion of section 118A 20 118A. Owner not to commission inconsistent work while order in force 20 16. Insertion of section 125A 21 125A. Owner to be given copies of all documents 21 17. Consequential amendments concerning appeals 22 PART 4--OTHER MATTERS 24 18. Insertion of section 78A 24 78A. Restriction on who may appoint private building surveyor 24 19. Insertion of section 80A 24 80A. Private building surveyor to provide information to owner 24 20. Replacement of inadvertent omission 25 21. Insertion of section 215A 25 215A. Municipal building surveyor may act as a private building surveyor outside own district 25 22. Clarification concerning the charging of commercial rates 26 ENDNOTES 27 ii 541260B.I1-15/5/2002 BILL LA CIRCULATION 25-10-2004

 


 

PARLIAMENT OF VICTORIA Initiated in Assembly 9 May 2002 A BILL to further amend the Building Act 1993 and for other purposes. Building (Further Amendment) Act 2002 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY MATTERS 1. Purpose The purpose of this Act is to amend the Building Act 1993-- 5 (a) to transfer responsibility for the issue of occupancy permits in relation to places of public entertainment and temporary structures from the Building Commission to building surveyors; and 1 541260B.I1-15/5/2002 BILL LA CIRCULATION 25-10-2004

 


 

Building (Further Amendment) Act 2002 Act No. PART 1--PRELIMINARY MATTERS s. 2 (b) to provide for temporary structures permits to replace occupancy permits with respect to temporary structures; and (c) to enable emergency orders and building 5 notices and orders to be directed at builders in appropriate cases; and (d) to make other changes to improve the operation of that Act. 2. Commencement 10 (1) This Part and section 20 come into operation on the day after the day on which this Act receives the Royal Assent. (2) Part 2 comes into operation on 1 July 2003. (3) The remaining provisions of this Act come into 15 operation on 1 January 2003. _____________________ 2 541260B.I1-15/5/2002 BILL LA CIRCULATION 25-10-2004

 


 

Building (Further Amendment) Act 2002 Act No. PART 2--REGULATION OF PLACES OF PUBLIC ENTERTAINMENT s. 3 AND TEMPORARY STRUCTURES PART 2--REGULATION OF PLACES OF PUBLIC ENTERTAINMENT AND TEMPORARY STRUCTURES 3. Transfer of responsibility See: (1) In section 53(1) of the Building Act 1993, omit Act No. 5 "(other than an occupancy permit referred to in 126/1993. Reprint No. 4 sub-section (2))". as at 8 June 2001 (2) Section 53(2) of the Building Act 1993 is and repealed. amending Act Nos (3) In section 59(2) of the Building Act 1993, omit 26/2001, 30/2001, 10 "(other than a prescribed temporary structure)". 32/2001, 68/2001 and (4) In section 190(1) of the Building Act 1993, after 11/2002. LawToday: "specified building or land" insert "or specified www.dms. place of public entertainment". dpc.vic. gov.au (5) In section 199 of the Building Act 1993-- 15 (a) in sub-section (1)(b), for "Part 8; and" substitute "Part 8."; (b) sub-sections (1)(c) and (5) are repealed. 4. Insertion of Division 2A into Part 5 After section 63 of the Building Act 1993 20 insert-- "Division 2A--Temporary Structures Permits 63A. Prescribed temporary structure not to be used for public entertainment without permit 25 The owner, occupier, lessee or a hirer of a prescribed temporary structure must not use the structure for the purpose of providing public entertainment unless a temporary structures permit has been issued under this 3 541260B.I1-15/5/2002 BILL LA CIRCULATION 25-10-2004

 


 

Building (Further Amendment) Act 2002 Act No. PART 2--REGULATION OF PLACES OF PUBLIC ENTERTAINMENT s. 4 AND TEMPORARY STRUCTURES Division that permits the use of the structure for the entertainment. Penalty: 100 penalty units, in the case of a natural person. 5 500 penalty units, in the case of a body corporate. 63B. Use of prescribed temporary structure must be in accordance with permit The owner, occupier, lessee or a hirer of a 10 prescribed temporary structure must not permit the structure to be used for the purpose of providing public entertainment in contravention of the temporary structures permit permitting the use of the structure for 15 the entertainment. Penalty: 100 penalty units, in the case of a natural person. 500 penalty units, in the case of a body corporate. 20 63C. Application for permit An application for a temporary structures permit may be made to a municipal building surveyor or a private building surveyor appointed under Part 6 by, or on behalf of, 25 the owner of the place of public entertainment concerned. 63D. Schedule 2 to apply Schedule 2 applies in relation to an application for a temporary structures permit. 30 63E. Decision on application for permit (1) The relevant building surveyor must decide an application for a temporary structures permit by-- 4 541260B.I1-15/5/2002 BILL LA CIRCULATION 25-10-2004

 


 

Building (Further Amendment) Act 2002 Act No. PART 2--REGULATION OF PLACES OF PUBLIC ENTERTAINMENT s. 4 AND TEMPORARY STRUCTURES (a) issuing the permit; or (b) issuing the permit with conditions; or (c) refusing to issue the permit. (2) The regulations may set a time within which 5 the relevant building surveyor must decide an application for a temporary structures permit. (3) The relevant building surveyor is deemed to have refused to issue a temporary structures 10 permit if the application is not decided within the time set by the regulations. 63F. Reasons for refusal to be given If the relevant building surveyor refuses to issue a temporary structures permit, he or she 15 must notify the applicant for the permit in writing without delay of the refusal of the permit and of the reasons for the refusal. 63G. Special conditions applying to permits (1) A temporary structures permit is subject to 20 the following conditions-- (a) that the siting of the temporary structure in a municipal district is subject to the approval of the municipal building surveyor of that district; and 25 (b) any other condition relating to the use of the structure specified on the permit by the relevant building surveyor. (2) Without limiting sub-section (1)(b), a temporary structures permit may contain a 30 condition requiring that the erection of the temporary structure only be carried out by registered building practitioners. 5 541260B.I1-15/5/2002 BILL LA CIRCULATION 25-10-2004

 


 

Building (Further Amendment) Act 2002 Act No. PART 2--REGULATION OF PLACES OF PUBLIC ENTERTAINMENT s. 4 AND TEMPORARY STRUCTURES 63H. More than one permit may be issued More than one temporary structures permit can be issued for a prescribed temporary structure, but each permit must not be issued 5 for a period longer than 5 years. 63I. Form of permit In issuing a temporary structures permit, the relevant building surveyor must specify in the permit-- 10 (a) the public entertainment or class of public entertainment in respect of which the temporary structure may be used; and (b) any conditions to which it is subject; 15 and (c) the period of operation of the permit. 63J. Effect of permit (1) A temporary structures permit is evidence that the temporary structure to which it 20 applies is suitable for use for the purpose of the public entertainment or class of public entertainment specified in the permit. (2) A temporary structures permit is not evidence that the temporary structure in 25 respect of which it is issued complies with this Act or the building regulations. 63K. Commission to be given copy of permit The relevant building surveyor must give to the Commission a copy of any temporary 30 structures permit issued by him or her, and 6 541260B.I1-15/5/2002 BILL LA CIRCULATION 25-10-2004

 


 

Building (Further Amendment) Act 2002 Act No. PART 2--REGULATION OF PLACES OF PUBLIC ENTERTAINMENT s. 4 AND TEMPORARY STRUCTURES must do so within 7 days of issuing the permit. Penalty: 10 penalty units. 63L. Reporting authority to be notified of certain 5 permits If the relevant building surveyor issues a temporary structures permit that differs from, or fails to implement the recommendations in, a reporting authority's report under 10 Schedule 2 on the application for the permit, the relevant building surveyor must notify the reporting authority without delay of the permit and give the reporting authority a copy of the permit. 15 63M. Owner to notify others of permit The owner of a prescribed temporary structure must notify the occupier, lessee or hirer of the structure within 7 days after the occupier, lessee or hirer enters into 20 occupation of, or leases or hires the temporary structure or within 7 days after a temporary structures permit is issued in respect of the structure (whichever is the later), of any temporary structures permit in 25 force in respect of the structure. Penalty: 10 penalty units. 63N. Inspection of temporary structures (1) The municipal building surveyor of a municipal district may cause any temporary 30 structure in that municipal district for which a temporary structures permit has been issued to be inspected from time to time to determine whether or not the permit is being complied with. 7 541260B.I1-15/5/2002 BILL LA CIRCULATION 25-10-2004

 


 

Building (Further Amendment) Act 2002 Act No. PART 2--REGULATION OF PLACES OF PUBLIC ENTERTAINMENT s. 5 AND TEMPORARY STRUCTURES (2) The Commission may inspect any temporary structure from time to time to determine whether this Act, the regulations or the conditions of any temporary structures 5 permit are being complied with. (3) Despite section 230, if the land on which any temporary structure stands is open to the public at the time of an inspection, it is not necessary for the Commission to give the 10 occupier of the land any notice of the proposed entry of the Commission on to the land. 63O. Transitional provision concerning existing occupancy permits 15 (1) This section applies to any occupancy permit issued in respect of a temporary structure that was in force immediately before the commencement of section 4 of the Building (Further Amendment) Act 2002. 20 (2) The occupancy permit is deemed-- (a) to be a temporary structures permit that expires on the date the occupancy permit was to have expired (unless the permit is revoked under this Act before 25 that date); and (b) to have been issued by the municipal building surveyor of the municipal district in which the temporary structure is at that commencement.". 30 5. Consequential amendments (1) In section 3(1) of the Building Act 1993, for the definition of "permit" substitute-- ' "permit" means a building permit, an occupancy permit or a temporary structures 35 permit;'. 8 541260B.I1-15/5/2002 BILL LA CIRCULATION 25-10-2004

 


 

Building (Further Amendment) Act 2002 Act No. PART 2--REGULATION OF PLACES OF PUBLIC ENTERTAINMENT s. 5 AND TEMPORARY STRUCTURES (2) Sections 52, 57 and 61(2) of the Building Act 1993 are repealed. (3) After section 70(3) of the Building Act 1993 insert-- 5 "(3A) Sections 63D to 63M apply (with any necessary modifications) in relation to an application to amend a temporary structures permit issued under Division 2A as if it were an application for a temporary structures 10 permit under that Division.". (4) In section 73(1) of the Building Act 1993 for "amending any permit or approval" substitute "amending any occupancy permit or temporary approval". 15 (5) In section 76(c) of the Building Act 1993, after "occupancy permits" insert ", temporary structures permits". (6) In section 78(1) of the Building Act 1993 after "occupancy permit" insert ", temporary structures 20 permit". (7) In section 138(4) of the Building Act 1993-- (a) in paragraph (b), for "lot." substitute "lot; or"; (b) after paragraph (b) insert-- 25 "(c) in respect of a temporary structures permit, the owner of the temporary structure.". (8) In section 229 of the Building Act 1993, after "plumbing work" insert "or place". 30 (9) In section 261(1)(a) of the Building Act 1993, omit "building permits, occupancy". 9 541260B.I1-15/5/2002 BILL LA CIRCULATION 25-10-2004

 


 

Building (Further Amendment) Act 2002 Act No. PART 2--REGULATION OF PLACES OF PUBLIC ENTERTAINMENT s. 6 AND TEMPORARY STRUCTURES (10) In Schedule 2 to the Building Act 1993-- (a) in the heading to the Schedule, for "AND OCCUPANCY PERMITS" substitute ", OCCUPANCY PERMITS AND 5 TEMPORARY STRUCTURES PERMITS"; (b) in clauses 2(2), 4(1), 5(1), 5(2) and 6(3), omit "for a permit". (11) In Schedule 3 to the Building Act 1993, in clause 10 6(6)(b), omit "building permit or occupancy". 6. Modification of inspection powers For section 63(2) of the Building Act 1993 substitute-- "(2) The Commission may inspect any place of 15 public entertainment from time to time to determine whether this Act, the regulations or the conditions of any occupancy permit are being complied with. (3) Despite section 230, if a place of public 20 entertainment is open to the public at the time of an inspection, it is not necessary for the Commission to give the occupier of the place any notice of the proposed entry of the Commission on to the place.". __________________ 10 541260B.I1-15/5/2002 BILL LA CIRCULATION 25-10-2004

 


 

Building (Further Amendment) Act 2002 Act No. PART 3--EMERGENCY ORDERS AND BUILDING NOTICES AND s. 7 ORDERS PART 3--EMERGENCY ORDERS AND BUILDING NOTICES AND ORDERS 7. Additional definitions In section 3(1) of the Building Act 1993 insert 5 the following definitions-- ' "building notice" means a notice issued under section 106 or 106A; "building order" means an order made under section 111, 112 or 113; 10 "emergency order" means an order made under section 102 or 103;'. 8. Substitution of sections 102 and 103 For sections 102 and 103 of the Building Act 1993 substitute-- 15 "102. Emergency orders--builders (1) This section applies if-- (a) building work is being carried out by a builder on a building, on land or at a place of public entertainment; and 20 (b) the municipal building surveyor is of the opinion that-- (i) any of the building work that has been carried out; or (ii) any of the building work that it is 25 still proposed to carry out; or (iii) any alteration or damage that has occurred as a result of the building work-- is a danger to life or property. 11 541260B.I1-15/5/2002 BILL LA CIRCULATION 25-10-2004

 


 

Building (Further Amendment) Act 2002 Act No. PART 3--EMERGENCY ORDERS AND BUILDING NOTICES AND s. 8 ORDERS (2) Subject to section 103(1)(b)(ii), the municipal building surveyor must cause to be served on the builder an order requiring the builder to do one or more of the 5 following things immediately, or within a specified time or times-- (a) to stop the building work; (b) to carry out specified building work or other work to make the building, land 10 or place safe, or to prevent people from getting access to the building, land or place. 103. Emergency order--owners and occupiers (1) This section applies if-- 15 (a) the municipal building surveyor is of the opinion that there is a danger to life or property arising out of the condition or use, or proposed use, of a building, the land on which building work is 20 being, or is proposed to be, carried out or a place of public entertainment; and (b) either-- (i) section 102 does not apply; or (ii) section 102 applies, but the 25 municipal building surveyor is of the opinion that the danger to life or property can be more readily averted by causing an order to be served under this section. 30 (2) The municipal building surveyor must cause to be served on the owner and the occupier of the building, land or place an order requiring the owner or occupier to do one or more of the following things immediately, or 35 within a specified time or times-- 12 541260B.I1-15/5/2002 BILL LA CIRCULATION 25-10-2004

 


 

Building (Further Amendment) Act 2002 Act No. PART 3--EMERGENCY ORDERS AND BUILDING NOTICES AND s. 8 ORDERS (a) to evacuate the building, land or place; (b) to cease to conduct a public entertainment; (c) to carry out specified building work or 5 other work to make the building, land or place safe, or to prevent people from getting access to the building, land or place. (3) The order may also prohibit-- 10 (a) the occupation of the building, land or place; (b) the use of the building, land or place for a public entertainment-- for a period of up to 48 hours. 15 103A. Requirements concerning emergency orders (1) An emergency order-- (a) must be in writing; and (b) must be served without delay after it is 20 made; and (c) must contain any matters required by the regulations. (2) If the builder carrying out building work on a building, on land or at a place of public 25 entertainment is also the owner or the occupier of the building, land or place, the municipal building surveyor may serve an emergency order under both sections 102 and 103 on that person at the same time if it 30 is appropriate to do so.". 13 541260B.I1-15/5/2002 BILL LA CIRCULATION 25-10-2004

 


 

Building (Further Amendment) Act 2002 Act No. PART 3--EMERGENCY ORDERS AND BUILDING NOTICES AND s. 9 ORDERS 9. Consequential amendments concerning emergency orders In the Building Act 1993-- (a) in section 104, for "section 103(2)" 5 substitute "section 103(3)"; (b) in section 105, for "owner and to the occupier of the building, place or land concerned" substitute "person on whom it was served". 10 10. Substitution of section 106 For section 106 of the Building Act 1993 substitute-- "106. Building notices--builders (1) This section applies if-- 15 (a) building work is being carried out by a builder on a building, on land or at a place of public entertainment; and (b) the municipal building surveyor or a private building surveyor is of the 20 opinion that-- (i) the building work is being carried out without a building permit, or in contravention of a building permit; or 25 (ii) the building work in any other way contravenes this Act or the building regulations; or (iii) any of the building work that has been carried out, or any of the 30 building work that it is still proposed to carry out, or any alteration or damage that has 14 541260B.I1-15/5/2002 BILL LA CIRCULATION 25-10-2004

 


 

Building (Further Amendment) Act 2002 Act No. PART 3--EMERGENCY ORDERS AND BUILDING NOTICES AND s. 10 ORDERS occurred as a result of the building work, is a danger to the life, safety or health of any member of the public or of any person using the 5 land or to any property. (2) The relevant building surveyor may cause a notice to be served on the builder requiring the builder to show cause within a specified period why the builder should not carry out 10 building work, protection work or work required by the regulations in relation to the building, land or place. 106A. Building notices--owners and occupiers (1) This section applies if-- 15 (a) the municipal building surveyor or a private building surveyor is of the opinion that, in relation to a building, the land on which building work is being, or is proposed to be, carried out 20 or a place of public entertainment, one or more of the following circumstances exists-- (i) building work has been carried out on the building, land or place 25 without a building permit required by this Act, or in contravention of a building permit or this Act or the building regulations; (ii) the use of the building or place 30 contravenes this Act or the building regulations; (iii) the building or place is unfit for occupation or for use as a place of public entertainment; 15 541260B.I1-15/5/2002 BILL LA CIRCULATION 25-10-2004

 


 

Building (Further Amendment) Act 2002 Act No. PART 3--EMERGENCY ORDERS AND BUILDING NOTICES AND s. 10 ORDERS (iv) the building, land or place or building work on the building, land or place is a danger to the life, safety or health of any 5 member of the public or of any person using the building, land or place or to any property; and (b) either-- (i) section 106 does not apply; or 10 (ii) section 106 applies, but the identity or whereabouts of the builder is not readily ascertainable, or it is not practicable to serve the notice on 15 the builder; or (iii) a notice under section 106 was served on the builder, but it is not likely that the purpose in respect of which the notice was served 20 can be achieved by taking further action in relation to that notice. (2) The relevant building surveyor may cause a notice to be served on the owner of the building, land or place requiring the owner to 25 show cause within a specified period as to-- (a) why occupation of the building or place, or its use for public entertainment, should not be prohibited; or 30 (b) why the owner should not do either or both of the following things-- (i) evacuate the building, land or place; 16 541260B.I1-15/5/2002 BILL LA CIRCULATION 25-10-2004

 


 

Building (Further Amendment) Act 2002 Act No. PART 3--EMERGENCY ORDERS AND BUILDING NOTICES AND s. 11 ORDERS (ii) carry out building work, protection work or work required by the regulations in relation to the building, land or place.". 5 11. Consequential amendments concerning building notices In section 108 of the Building Act 1993-- (a) sub-section (1) is repealed; (b) in sub-section (2), For "(2) A building" 10 substitute "A building". 12. Substitution of section 109 For section 109 of the Building Act 1993 substitute-- "109. Representations concerning building 15 notices (1) A person who is served with a building notice may make representations to the relevant building surveyor about the matters contained in the notice. 20 (2) If a building notice is served on a builder, the owner of the building, land or place that is the subject of the order may also make representations to the relevant building surveyor about the matters contained in the 25 notice. (3) A representation must be made in the manner, and within the time, specified in the notice.". 17 541260B.I1-15/5/2002 BILL LA CIRCULATION 25-10-2004

 


 

Building (Further Amendment) Act 2002 Act No. PART 3--EMERGENCY ORDERS AND BUILDING NOTICES AND s. 13 ORDERS 13. Substitution of section 111 For section 111 of the Building Act 1993 substitute-- "111. Building orders--general 5 (1) The municipal building surveyor or a private building surveyor may make an order requiring a builder to carry out building work, protection work or work required by the regulations in relation to a building, land 10 or place of public entertainment. (2) The municipal building surveyor or a private building surveyor may make an order-- (a) prohibiting the occupation of a building; or 15 (b) prohibiting the occupation of a place of public entertainment or its use for public entertainment; or (c) requiring the owner of a building, land on which building work is being, or is 20 proposed to be, carried out or place of public entertainment to do either or both of the following things within a specified time or times-- (i) evacuate the building, land or 25 place; (ii) carry out building work, protection work or other work required by the regulations or to carry out a program of that work 30 as directed in the order. 18 541260B.I1-15/5/2002 BILL LA CIRCULATION 25-10-2004

 


 

Building (Further Amendment) Act 2002 Act No. PART 3--EMERGENCY ORDERS AND BUILDING NOTICES AND s. 14 ORDERS (3) The relevant building surveyor may only make an order under this section after-- (a) he or she has given the person to whom the order is directed a building notice in 5 respect of the matters at which the order is directed; and (b) he or she has considered any representations made under section 109 within the time specified in the building 10 notice; and (c) the time permitted by the building notice for the making of representations has passed.". 14. Consequential amendments concerning building 15 orders (1) In sections 112(1) and 113 of the Building Act 1993, for "Subject to section 107, a" substitute "A". (2) In section 116(1) of the Building Act 1993, for 20 "An owner" substitute "A person". (3) In section 120(1) of the Building Act 1993, for "owner" substitute "person who was required to comply with the order". (4) In section 121 of the Building Act 1993, for "an 25 owner" substitute "a person". (5) In section 123(1) of the Building Act 1993, for "the owner" substitute "any person who failed to carry out the work or take the action under this Division". 19 541260B.I1-15/5/2002 BILL LA CIRCULATION 25-10-2004

 


 

Building (Further Amendment) Act 2002 Act No. PART 3--EMERGENCY ORDERS AND BUILDING NOTICES AND s. 15 ORDERS 15. Insertion of section 118A After section 118 of the Building Act 1993 insert-- "118A. Owner not to commission inconsistent work 5 while order in force (1) This section applies if an emergency order is made under section 102 or a building order is made under section 111(1), and the order is in force. 10 (2) The owner of the building, land or place that is the subject of the order must not-- (a) enter into an agreement with another builder for that builder to carry out; or (b) permit another builder to carry out-- 15 any building work on the building, land or place that would prevent, or interfere with the ability of, the builder to whom the order is directed from complying with the order. Penalty: 100 penalty units, in the case of a 20 natural person. 500 penalty units, in the case of a body corporate. (3) A person (other than the owner) who is in control of the building, land or place must 25 not prevent, or interfere with the ability of, the builder to whom the order is directed from complying with the order. 20 541260B.I1-15/5/2002 BILL LA CIRCULATION 25-10-2004

 


 

Building (Further Amendment) Act 2002 Act No. PART 3--EMERGENCY ORDERS AND BUILDING NOTICES AND s. 16 ORDERS Penalty: 100 penalty units, in the case of a natural person. 500 penalty units, in the case of a body corporate. 5 (4) Sub-sections (2) and (3) do not prevent the owner or person in control from entering into an agreement with, or from permitting, another builder to carry out any work that is required to be carried out under the order.". 10 16. Insertion of section 125A After section 125 of the Building Act 1993 insert-- '125A. Owner to be given copies of all documents (1) In this section, "relevant order or notice" 15 means-- (a) an emergency order made under section 102; or (b) a building notice served under section 106; or 20 (c) a building order made under section 111(1). (2) The person who issues a relevant order or notice must cause-- (a) a copy of the order or notice; and 25 (b) a copy of any other document that the person serves on, or gives to, a builder under this Part-- to be given to the owner of the building, land or place to which the order or notice relates. 30 Penalty: 10 penalty units. (3) A builder who is served with a relevant order or notice must give to the owner of the 21 541260B.I1-15/5/2002 BILL LA CIRCULATION 25-10-2004

 


 

Building (Further Amendment) Act 2002 Act No. PART 3--EMERGENCY ORDERS AND BUILDING NOTICES AND s. 17 ORDERS building, land or place to which the order or notice relates a copy of any document that the builder serves on, or gives to, the relevant building surveyor, or the Building 5 Appeals Board, in relation to the order or notice. Penalty: 10 penalty units. (4) Sub-sections (2) and (3) do not apply if the builder carrying out building work on a 10 building, on land or at a place of public entertainment is also the owner of the building, land or place. (5) A person who is required to give the owner a copy of a document under this section must 15 give the copy to the owner-- (a) at the same time as the original document is given to its recipient; or (b) if that is not practicable, as soon as is practicable after that time.'. 20 17. Consequential amendments concerning appeals (1) After section 142(1) of the Building Act 1993 insert-- "(1A) A builder who is served with a building notice under section 106 may appeal to the 25 Building Appeals Board against-- (a) the decision to serve the notice on the builder; or (b) the failure within a reasonable time, or refusal, to cancel the notice on being 30 requested to do so by the builder.". (2) After section 142(2) of the Building Act 1993 insert-- 22 541260B.I1-15/5/2002 BILL LA CIRCULATION 25-10-2004

 


 

Building (Further Amendment) Act 2002 Act No. PART 3--EMERGENCY ORDERS AND BUILDING NOTICES AND s. 17 ORDERS "(2A) A builder who is served with a building order under section 111(1) may appeal to the Building Appeals Board against-- (a) the making of the order; or 5 (b) the imposition of any condition in that order; or (c) a refusal to amend or cancel that order; or (d) a failure, within a reasonable time, to 10 amend or cancel that order; or (e) a requirement under Division 3 of Part 8 that the order be fully complied with.". (3) After section 142(3) of the Building Act 1993 15 insert-- "(4) A builder who is served with an emergency order under section 102 may appeal to the Building Appeals Board against-- (a) a refusal of the municipal building 20 surveyor to cancel the order; or (b) a failure, within a reasonable time, to cancel the order. (5) If a builder appeals to the Building Appeals Board under sub-section (1A), (2A) or (4), 25 the owner of the building, land or place to which the notice or order being appealed relates may become a party to the appeal by giving the Board and the other parties to the appeal a written notice stating that the owner 30 wishes to be a party to the appeal.". (4) In section 146(3) of the Building Act 1993, after "section 142(3)" insert "or 142(4)". __________________ 23 541260B.I1-15/5/2002 BILL LA CIRCULATION 25-10-2004

 


 

Building (Further Amendment) Act 2002 Act No. PART 4--OTHER MATTERS s. 18 PART 4--OTHER MATTERS 18. Insertion of section 78A After section 78 of the Building Act 1993 insert-- 5 "78A. Restriction on who may appoint private building surveyor (1) A private building surveyor must not accept an appointment to carry out any functions set out in section 76 in relation to a building or 10 building work if the appointment purports to be made by a domestic builder acting on behalf of a person who is entitled to appoint the private building surveyor to carry out those functions. 15 Penalty: 100 penalty units, in the case of a natural person. 500 penalty units, in the case of a body corporate. (2) Sub-section (1) applies regardless of whether 20 the form of authority the domestic builder purports to be acting under in making the appointment is given under this Act or under any other law.". 19. Insertion of section 80A 25 After section 80 of the Building Act 1993 insert-- "80A. Private building surveyor to provide information to owner (1) A private building surveyor must, within 30 7 days after accepting an appointment under this Part, give the person who made the 24 541260B.I1-15/5/2002 BILL LA CIRCULATION 25-10-2004

 


 

Building (Further Amendment) Act 2002 Act No. PART 4--OTHER MATTERS s. 20 appointment a notice containing the details and information required by the regulations in relation to the appointment. Penalty: 10 penalty units. 5 (2) If the person who made the appointment did so as an agent of another person, the private building surveyor complies with sub- section (1) by giving the notice to the agent. (3) A failure to comply with this section does 10 not affect the validity of the appointment or of any thing done or not done by the private building surveyor in carrying out a function under the appointment.". 20. Replacement of inadvertent omission 15 At the foot of section 176(2A) of the Building Act 1993 insert-- "Penalty: 100 penalty units.". 21. Insertion of section 215A After section 215 of the Building Act 1993 20 insert-- "215A. Municipal building surveyor may act as a private building surveyor outside own district (1) The municipal building surveyor of a council 25 may act as a private building surveyor in respect of any building or land other than any building or land that is within-- (a) the council's municipal district; or (b) the municipal district of any council 30 with respect to which the municipal building surveyor is deemed to be the municipal building surveyor for the purpose of carrying out the functions 25 541260B.I1-15/5/2002 BILL LA CIRCULATION 25-10-2004

 


 

Building (Further Amendment) Act 2002 Act No. PART 4--OTHER MATTERS s. 22 set out in any relevant agreement made under section 214. (2) Despite sub-section (1), the municipal building surveyor may only act as a private 5 building surveyor with the agreement of the council. (3) For the purposes of this section it does not matter whether the relevant agreement provides for the fees and charges paid to a 10 municipal building surveyor acting as a private building surveyor to be paid ultimately in whole or in part to the council or to the municipal building surveyor. (4) Despite the definition of "municipal building 15 surveyor" in section 3(1), a person is not to be considered to be a municipal building surveyor for the purposes of this Act with respect to anything the person does, or does not do, in carrying out any function as a 20 private building surveyor. (5) A reference in this section to a municipal building surveyor includes a reference to any officer or employee of the council who carries out on behalf of the council or the 25 municipal building surveyor any of the functions of the municipal building surveyor.". 22. Clarification concerning the charging of commercial rates 30 In section 216(1) of the Building Act 1993, after "or the building regulations" insert "(including any function as a private building surveyor)". 26 541260B.I1-15/5/2002 BILL LA CIRCULATION 25-10-2004

 


 

Building (Further Amendment) Act 2002 Act No. Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 27 541260B.I1-15/5/2002 BILL LA CIRCULATION 25-10-2004

 


 

 


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