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PARLIAMENT OF VICTORIA
Building and Planning Legislation Amendment
(Governance and Other Matters) Bill 2013
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2--AMENDMENTS TO BUILDING ACT 1993 3
Division 1--Amendments to governance provisions 3
3 New definitions 3
4 Division 2 of Part 12 substituted 4
Division 2--Victorian Building Authority 4
Subdivision 1--Establishment 4
193 Establishment of Authority 4
194 Authority is a body corporate 4
195 Authority accountable to Minister 5
196 Authority to comply with certain directions by gas
safety Minister 5
197 Functions of the Authority 5
198 General powers of the Authority 7
199 Delegation 7
Subdivision 2--VBA Board and staff of the Authority 7
200 Victorian Building Authority Board 7
201 Appointment of Commissioners to VBA Board 8
202 Application of Schedule 3 9
203 Chief executive officer 9
204 Authority staff 10
Subdivision 3--Victorian Building Authority Fund 11
205 Establishment and structure 11
205A Payments into Building account 11
205B Payments out of the Building account 13
205C Payments into the Plumbing account 15
205D Payments out of the Plumbing account 15
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205E Authority may invest funds 16
205F Authority may engage agent in administering Victorian
Building Authority Fund 16
Subdivision 4--Building permit levy 16
205G Building permit levy must be paid 16
205H Building permit levy in building permit process 17
205I Determination and notification of levy 19
205J Other duties of relevant building surveyor 19
205K Authority may recover unpaid levy 20
Subdivision 5--Specific powers of Authority relating to
building surveyors 20
205L Referral of matters to Building Practitioners Board 20
205M Directions and recommendations in relation to
building surveyors 21
205N Authority may act as municipal building surveyor--
general 22
205O Effect of Authority acting as municipal building
surveyor 22
205P Authority as relevant building surveyor for certain
occupancy permits 23
205Q Building surveyor not to carry out function 23
205R Minister's guidelines apply to applications to
Authority 24
5 Membership of Building Advisory Council 24
6 New Division 4A of Part 12 inserted 25
Division 4A--Plumbing Advisory Council 25
211A Establishment of Council 25
211B Membership and procedure 25
211C Functions 27
7 New sections 259B and 259C inserted 27
259B Authority may provide information to the Director of
Consumer Affairs Victoria 27
259C Authority may disclose cooling tower information 27
Division 2--Building practitioner registration and plumber
licensing and registration 28
8 New section 25J inserted 28
25J Review by VCAT 28
9 Police record checks--building practitioners 28
169A Police record check on applicant 28
10 Powers of Building Practitioners Board 29
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11 New Division 2A inserted in Part 11 29
Division 2A--Review of decisions 29
182A Review by VCAT 29
12 Police record checks--plumbers 30
221VA Police record check on applicant 30
PART 3--AMENDMENTS TO ARCHITECTS ACT 1991 31
13 Architects Registration Board to advise Minister 31
14 Regulations 31
PART 4--TRANSITIONAL AND SAVINGS PROVISIONS AND
CONSEQUENTIAL AMENDMENTS 32
Division 1--Transitional and savings provisions 32
15 New section 272 inserted 32
272 Transitional and savings provisions--Building and
Planning Legislation Amendment (Governance
and Other Matters) Act 2013 32
16 New Schedule 7 inserted--Transitional and savings provisions 32
SCHEDULE 7--Transitional and Savings provisions
relating to the Building and Planning
Legislation Amendment (Governance
and Other Matters) Act 2013 32
PART 1--PRELIMINARY 32
1 Definitions 32
PART 2--BUILDING COMMISSION 34
2 Building Commission 34
3 Superseded references 35
4 Building Advisory Council 35
5 Building Regulations Advisory Committee 35
6 Transfer of staff 35
7 Immunity of former Commissioners and staff 36
8 Building Administration Fund 37
9 Inquiries by Building Practitioners Board--new
decisions 38
10 Building practitioner appeals 38
PART 3--PLUMBING INDUSTRY COMMISSION 39
11 Plumbing Industry Commission 39
12 Superseded references 40
13 Plumbing Advisory Council 40
14 Registrar of Plumbing Industry Commission 41
15 Superseded references 41
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16 Transfer of staff 41
17 Immunity of former Commissioners and staff 43
18 Plumbing fund 43
PART 4--MISCELLANEOUS 43
19 Appointment of first chief executive officer of
Authority 43
20 Registrar of Titles to amend Register 44
Division 2--Consequential amendments to Building Act 1993 44
17 Definitions 44
18 Building permit levy in building permit process 44
19 References to building permit levy 45
20 Immunity of Commissioners and Authority staff 45
21 Section 143 repealed 46
22 Membership of bodies 46
23 References to Building Administration Fund 47
24 Building practitioner appeals 47
25 Performance auditors 47
26 Amendments to Part 12A 47
27 Registrar 48
28 Divisions 9 and 9A of Part 12A repealed 48
29 Section 221ZZZR repealed 48
30 Section 221ZZZS repealed 49
31 Authorised persons 49
32 Who may prosecute or bring other proceedings 49
33 Improper use of information 50
34 Schedule 1--Further consequential amendments to Building
Act 1993 50
Division 3--Consequential amendments to other Acts 50
35 Schedule 2--Consequential amendments to other Acts 50
PART 5--AMENDMENT TO PLANNING AND
ENVIRONMENT AMENDMENT (GENERAL) ACT 2013 51
36 Section 33 substituted 51
33 Parties to review 51
PART 6--REPEAL OF AMENDING ACT 53
37 Repeal of amending Act 53
__________________
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SCHEDULES 54
SCHEDULE 1--Further Consequential Amendments to Building
Act 1993 54
SCHEDULE 2--Consequential Amendments to Other Acts 63
1 Building and Construction Industry Security of Payment
Act 2002 63
2 Domestic Building Contracts Act 1995 65
3 Electricity Industry (Residual Provisions) Act 1993 66
4 Gas Safety Act 1997 66
5 House Contracts Guarantee Act 1987 66
6 Loy Yang B Act 1992 66
7 Planning and Environment Act 1987 66
8 Urban Renewal Authority Victoria Act 2003 66
9 Victorian Civil and Administrative Tribunal Act 1998 67
11K Definitions 67
ENDNOTES 69
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PARLIAMENT OF VICTORIA
Introduced in the Assembly
Building and Planning Legislation
Amendment (Governance and Other
Matters) Bill 2013
A Bill for an Act to amend the Building Act 1993 to establish the
Victorian Building Authority, to improve generally the regulation of
building practitioners and plumbers, to amend the Architects Act
1991 and other Acts, and to amend the Planning and Environment
Amendment (General) Act 2013 and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The main purposes of this Act are--
(a) to amend the Building Act 1993--
5 (i) to establish the Victorian Building
Authority; and
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(ii) to improve generally the regulation of
building practitioners and plumbers;
and
(b) to amend the Architects Act 1991--
5 (i) to require the Architects Registration
Board of Victoria to provide advice to
the Minister; and
(ii) to simplify the process of making
regulations; and
10 (c) to amend the Planning and Environment
Amendment (General) Act 2013 to make
further provision in relation to the parties to
a proceeding for review under the Planning
and Environment Act 1987.
15 2 Commencement
This Act comes into operation on 1 July 2013.
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Part 2--Amendments to Building Act 1993
s. 3
PART 2--AMENDMENTS TO BUILDING ACT 1993
Division 1--Amendments to governance provisions
3 New definitions
In section 3(1) of the Building Act 1993-- See:
Act No.
5 (a) insert the following definitions-- 126/1993.
Reprint No. 9
as at
"Authority means the Victorian Building 25 October
Authority established under 2011
and
section 193; amending
Act Nos
Chief Commissioner means the person 9/2012,
10 appointed to the VBA Board as Chief 17/2012 and
21/2012.
Commissioner; LawToday:
www.
chief executive officer means the chief legislation.
vic.gov.au
executive officer of the Authority;
Plumbing Advisory Council means the
15 Plumbing Advisory Council under
Part 12;
VBA Board means the Victorian Building
Authority Board established under
section 200.";
20 (b) for the definition of Commissioner
substitute--
"Commissioner means the Chief
Commissioner, the Deputy Chief
Commissioner or a Commissioner
25 appointed to the VBA Board;".
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4 Division 2 of Part 12 substituted
For Division 2 of Part 12 of the Building Act
1993 substitute--
"Division 2--Victorian Building Authority
5 Subdivision 1--Establishment
193 Establishment of Authority
The Victorian Building Authority is
established.
194 Authority is a body corporate
10 (1) The Authority--
(a) is a body corporate with perpetual
succession; and
(b) has an official seal; and
(c) may sue and be sued; and
15 (d) may acquire, hold and dispose of real
and personal property; and
(e) may do and suffer all acts and things
that a body corporate may by law do
and suffer.
20 (2) The official seal of the Authority--
(a) must be kept in the custody that the
Authority directs; and
(b) must not be used except as authorised
by the Authority.
25 (3) All courts and persons acting judicially
must--
(a) take judicial notice of the official seal
of the Authority affixed to any
document; and
30 (b) presume that the seal was duly affixed.
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195 Authority accountable to Minister
(1) The Authority is subject to the direction and
control of the Minister. Those directions may
be general or specific.
5 (2) In giving a direction under subsection (1),
the Minister may have regard to any advice
of the Building Advisory Council or the
Plumbing Advisory Council.
(3) The Authority must give the Minister any
10 information and assistance that the Minister
requires and the Authority is able to give.
196 Authority to comply with certain
directions by gas safety Minister
(1) The Minister administering the Gas Safety
15 Act 1997 may give the Authority written
directions in relation to the carrying out of
the Authority's functions to the extent that
this affects gas safety and persons carrying
out gasfitting work.
20 (2) A direction must not be given if it affects one
person only.
(3) The Authority must comply with a direction
given under this section.
197 Functions of the Authority
25 The Authority has the following functions--
(a) to monitor and enforce compliance with
this Act and the regulations;
(b) to administer the scheme under
Part 12A for the licensing and
30 registration of plumbers;
(c) to participate on behalf of Victoria in
the development of national building
standards and national plumbing
standards;
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(d) to monitor developments relevant to the
regulation of building standards and
plumbing standards in Victoria;
(e) to promote the maintenance of adequate
5 levels of competence among plumbers;
(f) to provide information (including to
consumers) on matters relating to--
(i) building standards and plumbing
standards; and
10 (ii) the regulation of buildings,
building work and building
practitioners; and
(iii) the regulation of plumbing work
and plumbers;
15 (g) to provide information and training to
assist persons and bodies in carrying
out functions under this Act or the
regulations;
(h) to promote the resolution of consumer
20 complaints about work carried out by
builders and plumbers;
(i) to conduct or promote research relating
to the regulation of the building
industry and the plumbing industry in
25 Victoria and to report on the outcomes
of this research in its report of
operations under the Financial
Management Act 1994;
(j) to monitor the system of collection of
30 the building permit levy;
(k) to charge and collect fees (determined
in accordance with this Act and the
regulations) for information and
training services provided by the
35 Authority;
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(l) to administer the Victorian Building
Authority Fund;
(m) to advise the Minister on the carrying
out of the Authority's functions under
5 this Act and on any other matter
referred to it by the Minister;
(n) to carry out any other function
conferred on the Authority by or under
this or any other Act or under any
10 agreement to which the State is a party.
198 General powers of the Authority
The Authority may do all things necessary or
convenient to enable it to carry out its
functions.
15 199 Delegation
The Authority may by instrument delegate to
any person any of its functions except the
Authority's powers under sections 205L
and 205M and this power of delegation.
20 Subdivision 2--VBA Board and staff of the
Authority
200 Victorian Building Authority Board
(1) The Authority has a governing body known
as the Victorian Building Authority Board.
25 (2) The VBA Board consists of--
(a) a Chief Commissioner who is to be
chairperson of the Board; and
(b) a Deputy Chief Commissioner who is
to be deputy chairperson of the Board;
30 and
(c) at least three other Commissioners.
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(3) The VBA Board--
(a) is responsible for the governance and
strategic management of the Authority;
and
5 (b) may carry out the functions of the
Authority.
(4) All acts and things done in the name of, or
on behalf of, the Authority by or with the
authority of the VBA Board are taken to
10 have been done by the Authority.
201 Appointment of Commissioners to VBA
Board
(1) Each Commissioner is to be appointed by the
Governor in Council on the recommendation
15 of the Minister.
(2) The Minister must, so far as is practicable,
ensure that the Commissioners appointed
have between them skills, experience and
knowledge in relation to building, plumbing,
20 architecture, the interests of consumers,
dispute resolution, insurance, law, financial
management, public administration and the
administration of regulatory regimes.
(3) The Minister must recommend for
25 appointment a person nominated by the
Minister responsible for administering the
Domestic Building Contracts Act 1995.
(4) The Minister must recommend for
appointment a person nominated by the
30 Minister responsible for administering the
Victorian Managed Insurance Authority
Act 1996.
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(5) A Commissioner who was, immediately
before being appointed, a member of a
statutory superannuation scheme within the
meaning of the Superannuation (Public
5 Sector) Act 1992, continues to be a member
of that superannuation scheme subject to the
Act under which the scheme was created.
202 Application of Schedule 3
Part 1 and clauses 9, 10 and 11 of Schedule 3
10 apply in relation to the VBA Board.
203 Chief executive officer
(1) The Authority may, with the approval of the
Minister, appoint a person as the chief
executive officer of the Authority.
15 (2) The chief executive officer is responsible to
the VBA Board for the day to day
management of the Authority.
(3) The chief executive officer holds office on
the terms and conditions determined by the
20 Authority with the approval of the Minister.
(4) The chief executive officer must not engage
in paid employment outside the office of
chief executive officer without the
permission of the Authority.
25 (5) If the chief executive officer was,
immediately before being appointed, a
member of a statutory superannuation
scheme within the meaning of the
Superannuation (Public Sector) Act 1992,
30 the chief executive officer continues to be a
member of that superannuation scheme
subject to the Act under which the scheme
was created.
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(6) The Authority must not appoint as chief
executive officer a person who is a
Commissioner or a member of the Building
Appeals Board, the Building Practitioners
5 Board, the Building Advisory Council, the
Building Regulations Advisory Committee
or the Plumbing Advisory Council.
(7) The Authority may remove the chief
executive officer from office with the
10 approval of the Minister.
204 Authority staff
(1) The Authority may appoint or engage--
(a) a Registrar of the Victorian Building
Authority; and
15 (b) a Registrar of the Building Appeals
Board; and
(c) a Registrar of the Building Practitioners
Board; and
(d) as many other persons as are required
20 to enable the Authority to carry out its
functions.
(2) The Authority may engage a person--
(a) as an employee of the Authority; or
(b) as a contractor or consultant; or
25 (c) under a secondment or other
arrangement for the services of persons
employed under Part 3 of the Public
Administration Act 2004.
(3) A person who was, immediately before being
30 engaged as an employee by the Authority, a
member of a statutory superannuation
scheme within the meaning of the
Superannuation (Public Sector) Act 1992,
continues to be a member of that
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superannuation scheme subject to the Act
under which the scheme was created.
Subdivision 3--Victorian Building Authority
Fund
5 205 Establishment and structure
(1) The Authority must establish and administer
a fund to be known as the Victorian Building
Authority Fund.
(2) The Victorian Building Authority Fund is to
10 be divided into--
(a) the Building account; and
(b) the Plumbing account.
(3) The Building account is to be divided into
the following accounts--
15 (a) building general account;
(b) building permit levy account;
(c) domestic building account;
(d) domestic building dispute account.
205A Payments into Building account
20 (1) There must be paid into the Building
account--
(a) all money received or recovered by or
on behalf of or paid to the Minister
under this Act and the regulations; and
25 (b) all money received or recovered by or
on behalf of, or paid to, the Authority
under this Act and the regulations or
under any other Act or regulations
(other than money required by section
30 205C(a) to be paid into the Plumbing
account); and
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(c) any amounts received by a municipal
building surveyor or private building
surveyor on account of the building
permit levy; and
5 (d) any fees or fines received or recovered
by or on behalf of the Building
Practitioners Board; and
(e) any costs or fees received by or on
behalf of the Building Appeals Board;
10 and
(f) income from the investment of the
Building account; and
(g) money appropriated by Parliament for
the purposes of the Building account;
15 and
(h) any other money required or authorised
by or under this or any other Act to be
paid into the Victorian Building
Authority Fund.
20 (2) Amounts paid into the Building account on
account of the building permit levy payable
under section 205G(1) must be credited to
the building permit levy account.
(3) Amounts paid into the Building account that
25 are fees or fines received or recovered by or
on behalf of the Building Practitioners Board
in relation to the registration or discipline of
building practitioners engaged in domestic
building work must be credited to the
30 domestic building account.
(4) Amounts paid into the Building account on
account of the building permit levy payable
under section 205G(2) must be credited to
the domestic building dispute account.
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(5) Other amounts paid into the Building
account must be credited to the building
general account.
205B Payments out of the Building account
5 (1) Subject to subsection (2), there must be paid
out of the Building account--
(a) any amounts required to enable the
Authority to carry out its functions; and
(b) any amounts authorised by the Minister
10 to be paid for a purpose relating to the
building industry and approved by the
Minister; and
(c) any costs and expenses incurred by the
Authority in administering or enforcing
15 this Act or the regulations, including,
but not limited to--
(i) the remuneration and allowances
of the Commissioners; and
(ii) the remuneration and allowances
20 of members of the Building
Appeals Board, the Building
Practitioners Board, the Building
Advisory Council and the
Building Regulations Advisory
25 Committee; and
(iii) the costs incurred in appointing or
engaging any person for the
purposes of this Act or the
regulations; and
30 (d) in accordance with subsection (4), any
costs and expenses incurred in the
administration of the Domestic
Building Contracts Act 1995 or the
regulations under that Act, including,
35 but not limited to, the costs and
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expenses of the Victorian Civil and
Administrative Appeals Tribunal in
relation to proceedings under that Act;
and
5 (e) any other amounts authorised to be paid
out of the Building account by or under
this or any other Act.
(2) Subsection (1) does not apply to any purpose
for which amounts are required to be paid
10 out of the Plumbing account under
section 205D.
(3) Amounts paid out of the Building account
may be paid--
(a) out of the building general account or
15 the building permit levy account as the
Authority considers appropriate; or
(b) out of the domestic building account in
accordance with subsection (4), if
authorised by the Minister and the
20 Minister administering the Domestic
Building Contracts Act 1995; or
(c) out of the domestic building dispute
account in accordance with
subsection (5).
25 (4) Amounts may be paid out of the domestic
building account towards--
(a) the costs and expenses referred to in
subsection (1)(c) to the extent that they
relate to the registration or discipline of
30 a builder engaged in domestic building
work; and
(b) the costs and expenses referred to in
subsection (1)(d).
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(5) Amounts may be paid out of the domestic
building dispute account to the Domestic
Builders Fund established under the
Domestic Building Contracts Act 1995 and
5 to the building permit levy account in the
proportions determined from time to time by
the Minister administering the Domestic
Building Contracts Act 1995.
205C Payments into the Plumbing account
10 There must be paid into the Plumbing
account--
(a) all money received or recovered by or
on behalf of, or paid, to the Authority
under Part 12A or the regulations under
15 that Part or in the enforcement of that
Part or those regulations; and
(b) income from the investment of the
Plumbing account; and
(c) money appropriated by Parliament for
20 the purposes of the Plumbing account.
205D Payments out of the Plumbing account
There must be paid out of the Plumbing
account--
(a) any amounts required to enable the
25 Authority to carry out its functions in
administering and enforcing Part 12A
and the regulations under that Part; and
(b) any money required to refund any
licence, registration or endorsement fee
30 paid in relation to--
(i) a plumbing licence or plumbing
registration that was not granted
or renewed; or
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(ii) an endorsement under
section 221N or 221OA that was
not given; and
(c) the remuneration and allowances of
5 members of the Plumbing Advisory
Council.
205E Authority may invest funds
The Authority may invest any part of the
Victorian Building Authority Fund not
10 immediately required for the purposes of the
Fund in any manner approved by the
Treasurer.
205F Authority may engage agent in
administering Victorian Building
15 Authority Fund
The Authority may enter into arrangements
or agreements with any person or body to act
as its agent in the carrying out of its
functions in relation to the administration of
20 the Victorian Building Authority Fund.
Subdivision 4--Building permit levy
205G Building permit levy must be paid
(1) A building permit levy must be paid in the
amount of 0064 cents in every dollar of the
25 cost of building work for which a building
permit is sought.
Note
A levy paid under this subsection is paid into the
Building account of the Victorian Building Authority
30 Fund and credited to the building permit levy account
(see section 205A(2)).
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(2) In addition to the levy imposed by
subsection (1), a building permit levy must
be paid in the amount of 0064 cents in every
dollar of the cost of building work for which
5 a building permit is sought.
Note
A levy paid under this subsection is paid into the
Building account of the Victorian Building Authority
Fund and credited to the domestic building dispute
10 account (see section 205A(4)).
(3) The building permit levy--
(a) is payable by the applicant for the
building permit; and
(b) must be paid before the building permit
15 can be issued.
(4) Subsection (3) does not prevent the
application from being considered pending
payment of the levy.
(5) A building permit levy is not payable if the
20 cost of the building work (including the cost
of labour and materials) is $10 000 or less.
205H Building permit levy in building permit
process
(1) An application for a building permit must--
25 (a) specify the contract price for the
building work (including the cost of
labour and materials), if there is a
contract for the work; or
(b) in any other case, include sufficient
30 information to enable the relevant
building surveyor to estimate the cost
of the building work (including the cost
of labour and materials).
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(2) The relevant building surveyor to whom an
application for a building permit is made
may consider the application pending
payment of the levy.
5 (3) Without limiting the circumstances in which
a relevant building surveyor can refuse to
issue a building permit, the relevant building
surveyor must refuse an application for a
building permit if--
10 (a) the building permit levy is not paid
within 90 days after the building
surveyor gives the applicant written
notice of the levy under section 205I; or
(b) the building surveyor is satisfied that
15 the contract price for the building work
specified in the application is
substantially lower than the price
normally payable under contracts for
work of that kind; or
20 (c) the building surveyor is satisfied that
the application--
(i) does not comply with
subsection (1)(b); or
(ii) contains a statement about the cost
25 of the building work that is false
or misleading in a material
particular.
(4) The requirements of subsection (1) are in
addition to any other requirements under this
30 Act or the regulations in relation to
applications for building permits.
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Part 2--Amendments to Building Act 1993
s. 4
205I Determination and notification of levy
The relevant building surveyor must--
(a) estimate the cost of the building work
(including the cost of labour and
5 materials) for which a building permit
is sought, having regard to the
information given under section
205H(1)(a) or (b); and
(b) without delay give the applicant written
10 notice of--
(i) the estimate; and
(ii) the amount of levy payable.
205J Other duties of relevant building surveyor
(1) A relevant building surveyor must in
15 accordance with the regulations--
(a) keep records of--
(i) amounts received by the building
surveyor on account of the
building permit levy; and
20 (ii) amounts of levy the building
surveyor has forwarded to the
Authority for payment into the
Victorian Building Authority
Fund; and
25 (b) make those records available to be
inspected by or on behalf of the
Authority; and
(c) forward the amounts received to the
Authority for payment into the
30 Victorian Building Authority Fund; and
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Part 2--Amendments to Building Act 1993
s. 4
(d) give to the Authority periodic returns
setting out--
(i) whether or not the building
surveyor has received any amount
5 of levy in the return period; and
(ii) if any levy has been received, the
amount received and the amount
forwarded to the Authority; and
(iii) any other prescribed information.
10 (2) On the application by a relevant building
surveyor, the Authority may exempt the
building surveyor from the requirements of
subsection (1)(d) for a specified period if the
Authority is satisfied that, due to illness or
15 other reasonable cause, the building surveyor
will not receive any levy during that period.
(3) An application and an exemption under
subsection (2) must be in writing.
205K Authority may recover unpaid levy
20 The Authority may recover money payable
to the Victorian Building Authority Fund
under section 205J(1)(c) in a court of
competent jurisdiction as a debt due to the
Authority.
25 Subdivision 5--Specific powers of Authority
relating to building surveyors
205L Referral of matters to Building
Practitioners Board
The Authority may refer to the Building
30 Practitioners Board any matter concerning a
registered building surveyor that comes to
the Authority's notice and is within the
Board's jurisdiction.
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Part 2--Amendments to Building Act 1993
s. 4
205M Directions and recommendations in
relation to building surveyors
(1) If it considers it necessary for the purposes
of this Act or the regulations, the Authority
5 may direct a municipal building surveyor or
private building surveyor to carry out his or
her functions under this Act or the
regulations--
(a) in accordance with this Act or the
10 regulations; or
(b) within a period specified in the
direction.
(2) The Authority, in giving a direction under
subsection (1)(b), must not vary a time limit
15 prescribed by this Act or the regulations.
(3) If it considers it necessary for the purposes
of this Act or the regulations, the Authority
may recommend to the person who
appointed a municipal building surveyor or
20 private building surveyor that the person take
action specified by the Authority.
(4) Before giving a direction or making a
recommendation under this section, the
Authority must give the municipal building
25 surveyor or private building surveyor
concerned--
(a) written notice of the Authority's
intention; and
(b) a reasonable opportunity to make a
30 submission about the matter to the
Authority.
(5) The Authority must give a copy of any
direction or recommendation under this
section to the municipal building surveyor or
35 private building surveyor concerned.
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Part 2--Amendments to Building Act 1993
s. 4
205N Authority may act as municipal building
surveyor--general
(1) The Authority may carry out the functions of
a municipal building surveyor under this Act
5 and the regulations in relation to--
(a) any application for a building permit
made to the Authority under Part 3; and
(b) any matter referred to the Authority by
a private building surveyor under
10 Part 8; and
(c) a place of public entertainment (other
than a prescribed temporary structure)
for which the Authority has issued an
occupancy permit.
15 (2) The Authority's functions under subsection
(1) are in addition to any function of a
municipal building surveyor conferred on the
Authority under Division 1.
205O Effect of Authority acting as municipal
20 building surveyor
(1) In carrying out a function of a municipal
building surveyor under Division 1 or
section 205N, the Authority has the same
powers that the municipal building surveyor
25 would have to carry out the function.
(2) A determination of the Authority in carrying
out a function of a municipal building
surveyor under Division 1 or section 205N
must be given effect to as if it were the
30 determination of a municipal building
surveyor.
(3) If, in carrying out any function of a
municipal building surveyor, the Authority
carries out any work or takes any action
35 under Part 8, the Authority may--
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Part 2--Amendments to Building Act 1993
s. 4
(a) recover the costs of carrying out the
work or taking the action from the
owner in a court of competent
jurisdiction as a debt due to the
5 Authority; and
(b) apply any amount or part of any
amount for which a bond or
undertaking is deposited with the
Authority under a condition imposed on
10 a permit under section 22 towards the
costs of carrying out the work or taking
the action.
205P Authority as relevant building surveyor
for certain occupancy permits
15 The Authority is, and may carry out the
functions of, the relevant building surveyor
under Part 5 in relation to--
(a) an application to the Authority for an
occupancy permit under section 53(2);
20 and
(b) the issue of that permit; and
(c) the amendment or cancellation of that
permit.
205Q Building surveyor not to carry out
25 function
(1) This section applies if the Authority carries
out any of the following functions in relation
to building work or a building or land--
(a) a function as a municipal building
30 surveyor under Division 1;
(b) a function under section 205N or 205P.
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Part 2--Amendments to Building Act 1993
s. 5
(2) A municipal building surveyor or private
building surveyor must not carry out a
function to which this section applies in
relation to the same building work, building
5 or land.
205R Minister's guidelines apply to applications
to Authority
If an application is made to the Authority
under this Act for a permit or a temporary
10 approval or an amendment to a permit or
approval, section 66 or clause 1 of
Schedule 2 (as the case requires) applies as if
a reference in that section or clause to the
Local Government Act 1989 were a
15 reference to guidelines under section 188 of
this Act.".
5 Membership of Building Advisory Council
(1) In section 207(2) of the Building Act 1993--
(a) for paragraphs (aa) and (ab) substitute--
20 "(ab) one is to be the Chief Commissioner or
a Commissioner nominated by the
Chief Commissioner; and";
(b) after paragraph (b) insert--
"(ba) one is to be nominated by the Building
25 Designers Association of Victoria Inc.;
and".
(2) After section 207(2) of the Building Act 1993
insert--
"(2A) For the purposes of subsection (2)(ab), the
30 Chief Commissioner may nominate a
Commissioner to act in the place of the Chief
Commissioner in his or her absence.".
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Part 2--Amendments to Building Act 1993
s. 6
6 New Division 4A of Part 12 inserted
After Division 4 of Part 12 of the Building Act
1993, insert--
"Division 4A--Plumbing Advisory Council
5 211A Establishment of Council
There continues to be a Plumbing Advisory
Council.
211B Membership and procedure
(1) The members of the Plumbing Advisory
10 Council are to be appointed by the Minister.
(2) Of those members--
(a) one is to be a person with substantial
knowledge and experience in relation to
the plumbing industry, appointed as
15 chairperson by the Minister; and
(b) one is to be the Chief Commissioner or
a Commissioner nominated by the
Chief Commissioner; and
(c) one is to be a person nominated by the
20 Minister administering the Water Act
1989; and
(d) one is to be a person nominated by the
Minister administering the Gas Safety
Act 1997; and
25 (e) one is to be a person nominated by the
Minister administering Part 3.1 of
Chapter 3 and Part 5.5 of Chapter 5 of
the Education and Training Reform
Act 2006; and
30 (f) one is to be a person chosen by the
Minister; and
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Matters) Bill 2013
Part 2--Amendments to Building Act 1993
s. 6
(g) one is to be a person nominated by a
body that, in the opinion of the
Minister, represents Victorian
employers in relation to all classes of
5 plumbing work; and
(h) one is to be a person nominated by a
body that, in the opinion of the
Minister, represents air-conditioning
contractors in Victoria; and
10 (i) one is to be a person nominated by a
body that, in the opinion of the
Minister, represents fire protection
contractors in Victoria; and
(j) up to three are to be persons nominated
15 by a body or bodies that, in the opinion
of the Minister, represent the industrial
interests of employee plumbers; and
(k) one is a person chosen by the Minister
to represent the interests of consumers.
20 (3) For the purposes of subsection (2)(b), the
Chief Commissioner may nominate a
Commissioner to act in the place of the Chief
Commissioner in his or her absence.
(4) If a body referred to in subsection (2)(g), (h),
25 (i) or (j) does not nominate a person within
30 days of being asked to do so in writing,
the Minister may appoint a member of that
body chosen by the Minister to be a member
of the Council.
30 (5) Parts 1 and 2 (except for clause 8) of
Schedule 3 apply to the membership and
procedure of the Council in the same way as
they apply to a Board.
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Part 2--Amendments to Building Act 1993
s. 7
211C Functions
The functions of the Plumbing Advisory
Council are--
(a) to advise the Minister, either at the
5 request of the Minister or on its own
initiative, in relation to Part 12A and
the plumbing industry; and
(b) to advise the Authority, either at the
request of the Authority or on its own
10 initiative, in relation to Part 12A and
the plumbing industry.".
7 New sections 259B and 259C inserted
After section 259A of the Building Act 1993
insert--
15 "259B Authority may provide information to the
Director of Consumer Affairs Victoria
The Authority may provide the Director of
Consumer Affairs Victoria with any
information held by the Authority in relation
20 to a domestic building dispute (within the
meaning of the Domestic Building
Contracts Act 1995) if the Authority
considers that the information will assist in
the resolution of the dispute.
25 259C Authority may disclose cooling tower
information
The Authority may disclose any information
it obtains under Part 12A in relation to a
cooling tower system to the Secretary to the
30 Department of Health.".
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Part 2--Amendments to Building Act 1993
s. 8
Division 2--Building practitioner registration and plumber
licensing and registration
8 New section 25J inserted
After section 25I of the Building Act 1993
5 insert--
"25J Review by VCAT
A person to whom a decision of the Building
Practitioners Board under this Division
applies may apply to the Victorian Civil and
10 Administrative Tribunal for a review of--
(a) that decision; or
(b) a failure of the Board to make that
decision within a reasonable time.".
9 Police record checks--building practitioners
15 (1) After section 169(2)(ca) of the Building Act 1993
insert--
"(cb) be accompanied by an authorisation signed
by the applicant for the conduct of a police
record check on the applicant; and".
20 (2) After section 169 of the Building Act 1993
insert--
"169A Police record check on applicant
In considering an application for registration,
the Board may arrange for the conduct of a
25 police record check on the applicant.".
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Part 2--Amendments to Building Act 1993
s. 10
10 Powers of Building Practitioners Board
(1) For section 179(2)(c) and (ca) of the Building Act
1993 substitute--
"(c) to require the person to give an
5 undertaking--
(i) to do a specified thing, including to
complete or rectify specified building
work; or
(ii) not to do a specified thing;
10 (ca) to require the person to complete a specified
course of training within a specified period;".
(2) After section 179(2)(d) of the Building Act 1993
insert--
"(da) to impose a condition or limitation on the
15 person's registration;".
11 New Division 2A inserted in Part 11
After Division 2 of Part 11 of the Building Act
1993 insert--
"Division 2A--Review of decisions
20 182A Review by VCAT
(1) A person to whom a decision of the Building
Practitioners Board under Division 1 or 2
applies may apply to the Victorian Civil and
Administrative Tribunal for a review of--
25 (a) that decision; or
(b) a failure of the Board to make that
decision within a reasonable time.
(2) If the Authority referred a matter to the
Building Practitioners Board for inquiry
30 under Division 2, the Authority may apply to
the Victorian Civil and Administrative
Tribunal for a review of--
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Part 2--Amendments to Building Act 1993
s. 12
(a) a failure by the Board to conduct an
inquiry, within a reasonable time, into
the matter referred to it; or
(b) a refusal by the Board to conduct the
5 inquiry; or
(c) a decision by the Board on the inquiry.
(3) A person who requested the Building
Practitioners Board to conduct an inquiry
under Division 2 may apply to the Victorian
10 Civil and Administrative Tribunal for a
review of--
(a) a failure by the Board to conduct the
inquiry within a reasonable time; or
(b) a refusal by the Board to conduct the
15 inquiry; or
(c) a decision by the Board on the
inquiry.".
12 Police record checks--plumbers
(1) After section 221T(2)(b) of the Building Act
20 1993 insert--
"(ba) be accompanied by an authorisation signed
by the applicant for the conduct of a police
record check on the applicant; and".
(2) After section 221V of the Building Act 1993
25 insert--
"221VA Police record check on applicant
In considering an application for licensing or
registration, the Authority may arrange for
the conduct of a police record check on the
30 applicant.".
__________________
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Building and Planning Legislation Amendment (Governance and Other
Matters) Bill 2013
Part 3--Amendments to Architects Act 1991
s. 13
PART 3--AMENDMENTS TO ARCHITECTS ACT 1991
13 Architects Registration Board to advise Minister
At the end of section 46 of the Architects Act See:
Act No.
1991 insert-- 13/1991.
Reprint No. 3
5 "(2) The Board must advise the Minister on the as at
14 June 2005
carrying out of the Board's functions under and
this Act and on any other matter referred to it amending
Act Nos
by the Minister.". 18/2005,
69/2009 and
21/2012.
LawToday:
www.
legislation.
vic.gov.au
14 Regulations
10 In section 69(1) of the Architects Act 1991, for
"The Board, with the approval of the Governor in
Council" substitute "The Governor in Council".
__________________
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Part 4--Transitional and Savings Provisions and Consequential Amendments
s. 15
PART 4--TRANSITIONAL AND SAVINGS PROVISIONS AND
CONSEQUENTIAL AMENDMENTS
Division 1--Transitional and savings provisions
15 New section 272 inserted
5 After section 271 of the Building Act 1993
insert--
"272 Transitional and savings provisions--
Building and Planning Legislation
Amendment (Governance and Other
10 Matters) Act 2013
Schedule 7 has effect.".
16 New Schedule 7 inserted--Transitional and savings
provisions
After Schedule 6 to the Building Act 1993,
15 insert--
"__________________
SCHEDULE 7
Section 272
TRANSITIONAL AND SAVINGS PROVISIONS
20 RELATING TO THE BUILDING AND
PLANNING LEGISLATION AMENDMENT
(GOVERNANCE AND OTHER MATTERS)
ACT 2013
PART 1--PRELIMINARY
25 1 Definitions
In this Schedule--
Building Administration Fund means the
Building Administration Fund
established and administered by the
30 Building Commission under
section 200 as in force immediately
before the commencement day;
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Part 4--Transitional and Savings Provisions and Consequential Amendments
s. 16
Building Commission means the Building
Commission established by section 193
as in force immediately before the
commencement day;
5 Building Commissioner means the
Commissioner of the Building
Commission;
commencement day means the day on which
the 2013 Act came into operation;
10 Note
The Building and Planning Legislation
Amendment (Governance and Other
Matters) Act 2013 came into operation on
1 July 2013.
15 plumbing fund means the fund established
and administered by the Plumbing
Industry Commission under section
221ZZZR as in force immediately
before the commencement day;
20 Plumbing Industry Advisory Council means
the body established under Division 9A
of Part 12A as in force immediately
before the commencement day;
Plumbing Industry Commission means the
25 Plumbing Industry Commission
established by section 221ZZR as in
force immediately before the
commencement day;
Plumbing Industry Commissioner means
30 the Commissioner of the Plumbing
Industry Commission;
Registrar has the same meaning as it has in
section 221B;
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Part 4--Transitional and Savings Provisions and Consequential Amendments
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Registrar of the Plumbing Industry
Commission means the Registrar of the
Plumbing Industry Commission
appointed or employed under
5 section 221ZZX as in force
immediately before the commencement
day;
2013 Act means the Building and Planning
Legislation Amendment (Governance
10 and Other Matters) Act 2013.
PART 2--BUILDING COMMISSION
2 Building Commission
On the commencement day--
(a) the Building Commission is abolished
15 and the Building Commissioner goes
out of office; and
(b) the Victorian Building Authority
becomes the successor in law of the
Building Commission; and
20 (c) all rights, assets, liabilities and
obligations of the Building Commission
immediately before the commencement
day become rights, assets, liabilities
and obligations of the Victorian
25 Building Authority; and
(d) the Victorian Building Authority is
substituted as a party in any
proceedings, contract, agreement or
arrangement commenced or made by or
30 against or in relation to the Building
Commission; and
(e) the Victorian Building Authority may
continue and complete any other
continuing matter or thing commenced
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by or against or in relation to the
Building Commission; and
(f) any matter or thing done under an
enactment or subordinate instrument by
5 the Building Commission before the
commencement day is taken to have
been done by the Victorian Building
Authority, so far as it relates to any
period after the commencement day.
10 3 Superseded references
On and from the commencement day, any
reference to the Building Commission in any
Act, subordinate instrument, agreement or
other document is taken to be a reference to
15 the Victorian Building Authority, so far as it
relates to any period after the
commencement day.
4 Building Advisory Council
On and from the commencement day, the
20 Building Advisory Council is taken to be the
same body despite the change in its
membership by section 5 of the 2013 Act.
5 Building Regulations Advisory Committee
On and from the commencement day, the
25 Building Regulations Advisory Committee is
taken to be the same body despite the change
in its membership by section 22 of the 2013
Act.
6 Transfer of staff
30 (1) On and from the commencement day, all
persons who were appointed or employed by
the Building Commission under section 205
as in force immediately before the
commencement day, and whose
35 appointments or employment were in force
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Part 4--Transitional and Savings Provisions and Consequential Amendments
s. 16
immediately before the commencement day,
are taken to be appointed or engaged by the
Victorian Building Authority under
section 204.
5 (2) A person taken to be appointed or engaged
by the Authority under subclause (1) is taken
to be appointed or engaged on the same
terms and with the same accrued and
accruing entitlements as applied to the
10 person immediately before the
commencement day.
(3) If a person is taken to be appointed or
engaged by the Authority under subclause
(1)--
15 (a) the service of the person with the
Authority is to be regarded for all
purposes as having been continuous
with the person's service with the
Building Commission; and
20 (b) the person is not entitled to receive any
payment or other benefit by reason only
of having ceased to be appointed or
employed by the Building Commission.
(4) Nothing in this clause prevents a person
25 appointed or employed by the Building
Commission from resigning or being
dismissed at any time after the
commencement day in accordance with the
terms of his or her appointment or
30 employment.
7 Immunity of former Commissioners and
staff
On and from the commencement day, an
entitlement of the Building Commissioner or
35 a person appointed, employed or engaged by
the Building Commission to immunity under
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Part 4--Transitional and Savings Provisions and Consequential Amendments
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section 127, as in force immediately before
the commencement day, in relation to
anything done before the commencement
day continues to apply to the Commissioner
5 or person.
8 Building Administration Fund
(1) On the commencement day, all amounts
standing to the credit of the Building
Administration Fund immediately before the
10 commencement day are credited to the
Building account of the Victorian Building
Authority Fund.
(2) Without limiting the generality of
subclause (1)--
15 (a) all amounts standing to the credit of the
general account of the Building
Administration Fund immediately
before the commencement day are
credited to the building general
20 account; and
(b) all amounts standing to the credit of the
building permit levy account of the
Building Administration Fund
immediately before the commencement
25 day are credited to the building permit
levy account; and
(c) all amounts standing to the credit of the
domestic building account of the
Building Administration Fund
30 immediately before the commencement
day are credited to the domestic
building account; and
(d) all amounts standing to the credit of the
domestic building dispute account of
35 the Building Administration Fund
immediately before the commencement
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Part 4--Transitional and Savings Provisions and Consequential Amendments
s. 16
day are credited to the domestic
building dispute account.
(3) Words and expressions used in this clause
have the same meaning as they have in
5 section 205.
9 Inquiries by Building Practitioners
Board--new decisions
Section 179(2) as amended by section 10 of
the 2013 Act does not apply to a decision of
10 the Building Practitioners Board on an
inquiry commenced before the
commencement day.
10 Building practitioner appeals
(1) This clause applies to an appeal to the
15 Building Appeals Board under section 143 as
in force immediately before the
commencement day that had commenced but
had not been determined before the
commencement day.
20 (2) Despite the repeal of section 143 by the
2013 Act, the Building Appeals Board may
continue to hear and determine the appeal--
(a) if the Building Appeals Board has
accepted a written submission from a
25 party or commenced to conduct a
hearing; or
(b) in any other case, unless the Building
Appeals Board refers the matter to the
Victorian Civil and Administrative
30 Tribunal under subclause (3).
(3) For the purposes of subclause (2)(b), the
Building Appeals Board, on the application
of the appellant, may refer an appeal to the
Victorian Civil and Administrative Tribunal
35 for hearing and determination.
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(4) The Victorian Civil and Administrative
Tribunal may hear and determine an appeal
referred to it under subclause (3) as if the
appeal were an application for review under
5 section 25J or section 182A (as the case
requires).
PART 3--PLUMBING INDUSTRY
COMMISSION
11 Plumbing Industry Commission
10 On the commencement day--
(a) the Plumbing Industry Commission is
abolished and the Plumbing Industry
Commissioner goes out of office; and
(b) the Victorian Building Authority
15 becomes the successor in law of the
Plumbing Industry Commission; and
(c) all rights, assets, liabilities and
obligations of the Plumbing Industry
Commission immediately before the
20 commencement day become rights,
assets, liabilities and obligations of the
Victorian Building Authority; and
(d) the Victorian Building Authority is
substituted as a party in any
25 proceedings, contract, agreement or
arrangement commenced or made by or
against or in relation to the Plumbing
Industry Commission; and
(e) the Victorian Building Authority may
30 continue and complete any other
continuing matter or thing commenced
by or against or in relation to the
Plumbing Industry Commission; and
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Part 4--Transitional and Savings Provisions and Consequential Amendments
s. 16
(f) any matter or thing done under an
enactment or subordinate instrument by
the Plumbing Industry Commission
before the commencement day is taken
5 to have been done by the Victorian
Building Authority, so far as it relates
to any period after the commencement
day.
12 Superseded references
10 On and from the commencement day, any
reference to the Plumbing Industry
Commission in any Act, subordinate
instrument, agreement or other document, as
far as it relates to any period after the
15 commencement day, is taken to be a
reference to the Victorian Building
Authority.
13 Plumbing Advisory Council
(1) On and from the commencement day, the
20 Plumbing Advisory Council is taken to be
the same body as the Plumbing Industry
Advisory Council despite the change in its
name and membership by section 6 of the
2013 Act.
25 (2) On and from the commencement day, any
reference to the Plumbing Industry Advisory
Council in any Act, subordinate instrument,
agreement or other document, as far as it
relates to any period after the
30 commencement day, is taken to be a
reference to the Plumbing Advisory Council.
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Part 4--Transitional and Savings Provisions and Consequential Amendments
s. 16
14 Registrar of Plumbing Industry
Commission
On the commencement day--
(a) the position of Registrar of the
5 Plumbing Industry Commission is
abolished and the person occupying
that position goes out of office but is
taken to be a person appointed or
engaged by the Authority in accordance
10 with clause 16; and
(b) the Registrar may continue and
complete any continuing matter or
thing commenced by or against or in
relation to the Registrar of the
15 Plumbing Industry Commission; and
(c) any matter or thing done under an
enactment or subordinate instrument by
the Registrar of the Plumbing Industry
Commission before the commencement
20 day is taken to have been done by the
Registrar, so far as it relates to any
period after the commencement day.
15 Superseded references
On and from the commencement day, any
25 reference to the Registrar of the Plumbing
Industry Commission in any Act,
subordinate instrument, agreement or other
document, as far as it relates to any period
after the commencement day, is taken to be a
30 reference to the Registrar.
16 Transfer of staff
(1) On and from the commencement day, all
persons who were appointed or employed by
the Plumbing Industry Commission under
35 section 221ZZX as in force immediately
before the commencement day, and whose
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Part 4--Transitional and Savings Provisions and Consequential Amendments
s. 16
appointments or employment were in force
immediately before the commencement day,
are taken to be appointed or engaged by the
Victorian Building Authority under
5 section 204.
(2) A person taken to be appointed or engaged
by the Authority under subclause (1) is taken
to be appointed or engaged on the same
terms and with the same accrued and
10 accruing entitlements as applied to the
person immediately before the
commencement day.
(3) If a person is taken to be appointed or
engaged by the Authority under
15 subclause (1)--
(a) the service of the person with the
Authority is to be regarded for all
purposes as having been continuous
with the person's service with the
20 Plumbing Industry Commission; and
(b) the person is not entitled to receive any
payment or other benefit by reason only
of having ceased to be appointed or
employed by the Plumbing Industry
25 Commission.
(4) Nothing in this clause prevents a person
appointed or employed by the Plumbing
Industry Commission from resigning or
being dismissed at any time after the
30 commencement day in accordance with the
terms of his or her appointment or
employment.
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Part 4--Transitional and Savings Provisions and Consequential Amendments
s. 16
17 Immunity of former Commissioners and
staff
On and from the commencement day, an
entitlement of the Plumbing Industry
5 Commissioner or a person appointed or
employed by the Plumbing Industry
Commission to immunity under section 127,
as in force immediately before the
commencement day, in relation to anything
10 done before the commencement day
continues to apply to the Commissioner or
person.
18 Plumbing fund
On the commencement day, all amounts
15 standing to the credit of the plumbing fund
immediately before the commencement day
are credited to the Plumbing account of the
Victorian Building Authority Fund.
PART 4--MISCELLANEOUS
20 19 Appointment of first chief executive
officer of Authority
(1) Despite section 203, the first chief executive
officer of the Authority is to be a person
appointed by the Minister.
25 (2) The first chief executive officer is to hold
office on the terms and conditions
determined by the Minister.
(3) Before appointing the first chief executive
officer, the Minister must consult with the
30 Minister for Finance and the Minister for
Consumer Affairs.
(4) The Minister may remove the first chief
executive officer from office.
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Part 4--Transitional and Savings Provisions and Consequential Amendments
s. 17
(5) Section 203(2), (4) and (5) apply in relation
to the first chief executive officer as if the
first chief executive officer had been
appointed under section 203.
5 20 Registrar of Titles to amend Register
The Registrar of Titles, on being requested to
do so and on submission of any relevant
certificate of title or other document, must
make any amendments to the Register under
10 the provisions of the Transfer of Land Act
1958 that are necessary because of the
operation of any provision of the 2013 Act.".
Division 2--Consequential amendments to Building
Act 1993
15 17 Definitions
In section 3(1) of the Building Act 1993--
(a) the definition of Commission is repealed;
(b) in paragraph (c) of the definition of relevant
building surveyor--
20 (i) for "Commission" (where twice
occurring) substitute "Authority";
(ii) for "section 199(5)" substitute
"section 205P".
18 Building permit levy in building permit process
25 At the foot of section 18 of the Building Act 1993
insert--
"Notes
1 A person applying for a building permit must pay the
building permit levy determined under Subdivision 4 of
30 Division 2 of Part 12.
2 An application for a building permit must include
information that enables the building permit levy to be
determined (see section 205H(1)).".
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Part 4--Transitional and Savings Provisions and Consequential Amendments
s. 19
19 References to building permit levy
(1) In section 18A(2)(a) of the Building Act 1993--
(a) in subparagraph (ii), for "calculated in
accordance with section 201" substitute
5 "estimated under Subdivision 4 of Division 2
of Part 12";
(b) in subparagraph (iii), for "section 201(6)(b)
or 201(6)(c)" substitute "section 205H(3)(b)
or (c)".
10 (2) In section 24A(3) of the Building Act 1993, for
"estimated in accordance with section 201"
substitute "estimated under Subdivision 4 of
Division 2 of Part 12".
(3) In section 25B of the Building Act 1993, for
15 "estimated in accordance with section 201"
substitute "estimated under Subdivision 4 of
Division 2 of Part 12".
(4) In section 32A(3)(d) of the Building Act 1993,
for "calculated in accordance with section 201"
20 substitute "estimated under Subdivision 4 of
Division 2 of Part 12".
(5) In section 217(1) of the Building Act 1993, for
"and section 201" substitute ", Subdivision 4 of
Division 2 of Part 12".
25 20 Immunity of Commissioners and Authority staff
(1) Insert the following heading to section 127 of the
Building Act 1993--
"Immunity for Commissioners, members of
public authorities and staff".
30 (2) In section 127 of the Building Act 1993--
(a) in subsection (1)--
(i) for "The Commissioner" substitute
"A Commissioner"; and
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Part 4--Transitional and Savings Provisions and Consequential Amendments
s. 21
(ii) omit "employed,"; and
(iii) for "Commission" substitute
"Authority";
(b) in subsection (2)--
5 (i) for "the Commissioner" substitute
"a Commissioner"; and
(ii) for "Commission" (where twice
occurring) substitute "Authority"; and
(iii) omit "employed,".
10 21 Section 143 repealed
Section 143 of the Building Act 1993 is repealed.
22 Membership of bodies
(1) In section 166(4)(a) of the Building Act 1993,
for "the Commissioner" substitute
15 "a Commissioner".
(2) In section 184(7) of the Building Act 1993,
for "the Commissioner" substitute
"a Commissioner".
(3) For section 210(2)(a) of the Building Act 1993
20 substitute--
"(a) one is to be the Chief Commissioner or a
Commissioner nominated by the Chief
Commissioner, who is to be chairperson of
the Committee;".
25 (4) After section 210(2) of the Building Act 1993
insert--
"(2A) For the purposes of subsection (2)(a), the
Chief Commissioner may nominate a
Commissioner to act in the place of the Chief
30 Commissioner in his or her absence.".
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Part 4--Transitional and Savings Provisions and Consequential Amendments
s. 23
23 References to Building Administration Fund
(1) In section 172(2)(a) of the Building Act 1993, for
"Building Administration Fund" substitute
"Victorian Building Authority Fund".
5 (2) In section 261(1)(p) of the Building Act 1993, for
"Building Administration Fund" substitute
"Victorian Building Authority Fund".
24 Building practitioner appeals
For section 174A(6)(b) of the Building Act 1993
10 substitute--
"(b) it is cancelled by the Victorian Civil and
Administrative Tribunal under Division 2A
of Part 11.".
25 Performance auditors
15 (1) In section 227A(1) of the Building Act 1993--
(a) for "Commission" substitute "Authority";
(b) after "Division" insert "from staff appointed
or engaged under section 204".
(2) In section 227A(2) of the Building Act 1993, for
20 "Commission" (where twice occurring) substitute
"Authority".
26 Amendments to Part 12A
(1) In section 221A of the Building Act 1993, omit
"By and large this Part operates separately from
25 the rest of this Act.".
(2) In section 221B(1) of the Building Act 1993 the
definition of Commission is repealed.
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Part 4--Transitional and Savings Provisions and Consequential Amendments
s. 27
(3) In section 221ZZY of the Building Act 1993--
(a) for subsection (1) substitute--
"(1) The Authority may appoint for the
purposes of this Part, from staff
5 appointed or engaged under
section 204--
(a) plumbing inspectors; and
(b) compliance auditors.";
(b) in subsection (2), for "Commission" (where
10 twice occurring) substitute "Authority";
(c) in subsection (3), for "Commission" (where
twice occurring) substitute "Authority".
27 Registrar
(1) In section 221B(1) of the Building Act 1993, for
15 the definition of Registrar substitute--
"Registrar means the Registrar of the Victorian
Building Authority appointed or engaged
under section 204(1)(a);".
(2) In section 237(3) of the Building Act 1993--
20 (a) for "Plumbing Industry Commission" (where
first occurring) substitute "Authority";
(b) for "Plumbing Industry Commission" (where
second occurring) substitute "Victorian
Building Authority appointed or engaged
25 under section 204(1)(a)".
28 Divisions 9 and 9A of Part 12A repealed
Divisions 9 and 9A of Part 12A of the Building
Act 1993 are repealed.
29 Section 221ZZZR repealed
30 Section 221ZZZR of the Building Act 1993 is
repealed.
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Part 4--Transitional and Savings Provisions and Consequential Amendments
s. 30
30 Section 221ZZZS repealed
Section 221ZZZS of the Building Act 1993 is
repealed.
31 Authorised persons
5 In section 228(1) of the Building Act 1993, in the
definition of authorised person--
(a) for paragraphs (c) and (ca) substitute--
"(c) the Authority; or";
(b) in paragraph (da), for "Part 12A;" substitute
10 "Part 12A; or";
(c) in paragraph (db), for "Part 12A;" substitute
"Part 12A; or".
32 Who may prosecute or bring other proceedings
(1) For section 241(2A) of the Building Act 1993
15 substitute--
"(2A) Proceedings for an offence against Part 12A
or any regulations made for the purposes of
that Part may be brought by Energy Safe
Victoria.".
20 (2) In section 241(2B) of the Building Act 1993, for
"Plumbing Industry Commission" (where twice
occurring) substitute "Authority".
(3) In section 241(3) of the Building Act 1993, for
"Commission" (where twice occurring) substitute
25 "Authority".
(4) For section 242(2) and (3) of the Building Act
1993 substitute--
"(2) If an offence has been prosecuted by the
Authority or a person authorised by the
30 Minister, the Authority or the Building
Practitioners Board, all penalties recovered
in relation to the offence must be paid into
the Victorian Building Authority Fund.".
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Part 4--Transitional and Savings Provisions and Consequential Amendments
s. 33
33 Improper use of information
(1) In section 259A of the Building Act 1993--
(a) after "former member of" insert "the
Authority,";
5 (b) for "the Plumbing Industry Commission, the
Plumbing Industry Advisory Council"
substitute "the Plumbing Industry
Commission or the Plumbing Advisory
Council";
10 (c) for "any of these Boards, Committees or
Commissions" substitute "any of these
bodies".
(2) At the end of section 259A insert--
"(2) In this section--
15 Plumbing Industry Commission means the
Plumbing Industry Commission
established under section 221ZZR as in
force immediately before the
commencement of the Building and
20 Planning Legislation Amendment
(Governance and Other Matters) Act
2013.".
34 Schedule 1--Further consequential amendments to
Building Act 1993
25 The Building Act 1993 is amended as set out in
Schedule 1.
Division 3--Consequential amendments to other Acts
35 Schedule 2--Consequential amendments to other
Acts
30 An Act referred to in the heading to an item in
Schedule 2 is amended as set out in that item.
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Building and Planning Legislation Amendment (Governance and Other
Matters) Bill 2013
Part 5--Amendment to Planning and Environment Amendment (General)
s. 36
Act 2013
PART 5--AMENDMENT TO PLANNING AND
ENVIRONMENT AMENDMENT (GENERAL) ACT 2013
36 Section 33 substituted
For section 33 of the Planning and Environment See:
Act No.
5 Amendment (General) Act 2013 substitute-- 3/2013.
Statute Book:
'33 Parties to review www.
legislation.
(1) For section 83(1) of the Planning and vic.gov.au
Environment Act 1987 substitute--
"(1) In addition to any other party to a
10 proceeding for review under this Act, a
determining referral authority is a party
to a proceeding for review--
(a) of a refusal to grant a permit if--
(i) the determining referral
15 authority had objected to the
grant of the permit; or
(ii) it was refused because a
condition required by the
determining referral
20 authority conflicted with a
condition recommended by a
recommending referral
authority or required by
another determining referral
25 authority; and
(b) of a permit condition if the
determining referral authority had
required that the condition be
included on the permit.".
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Part 5--Amendment to Planning and Environment Amendment (General)
s. 36
Act 2013
(2) After section 83(2) of the Planning and
Environment Act 1987 insert--
"(3) In addition to any other party to a
proceeding for review under this Act, a
5 recommending referral authority is a
party to a proceeding for review if the
recommending referral authority is
given notice of the application for
review under this Act.".'.
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Building and Planning Legislation Amendment (Governance and Other
Matters) Bill 2013
Part 6--Repeal of Amending Act
s. 37
PART 6--REPEAL OF AMENDING ACT
37 Repeal of amending Act
This Act is repealed on 1 July 2014.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Building and Planning Legislation Amendment (Governance and Other
Matters) Bill 2013
Sch. 1
SCHEDULES
SCHEDULE 1
FURTHER CONSEQUENTIAL AMENDMENTS TO
BUILDING ACT 1993
5 Section 34
1 In section 22, for "Commission" substitute "Authority".
2 In the heading to section 25I, for "Building Commission"
substitute "Authority".
3 In section 25I, for "Commission" (wherever occurring)
10 substitute "Authority".
4 In section 26, for "Commission" substitute "Authority".
5 In section 53(2), for "Commission" substitute
"Authority".
6 In section 63(2), for "Commission" (where twice
15 occurring) substitute "Authority".
7 In section 79(2), for "Commission" substitute
"Authority".
8 In section 81, for "Commission" (wherever occurring)
substitute "Authority".
20 9 Insert the following heading to section 82--
"Directions of Authority".
10 In section 82(1), for "Commission" (wherever occurring)
substitute "Authority".
11 In section 89(1), for "Commission" substitute
25 "Authority".
12 In section 115(1), for "Commission" substitute
"Authority".
13 In section 140(1), for "Commission's" substitute
"Authority's".
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Sch. 1
14 In section 140(2)--
(a) for "Commission" substitute "Authority";
(b) for "Commission's" substitute "Authority's".
15 In section 144A, for "Building Commission" (where twice
5 occurring) substitute "Authority".
16 In section 149(3), for "Commission" (where twice
occurring) substitute "Authority".
17 In section 157(a)(iv), for "Commission" substitute
"Authority".
10 18 In section 160A(2)(d), for "Commission" substitute
"Authority".
19 In section 160B(4)(n), for "Commission" substitute
"Authority".
20 In section 162(1)(a)(ii), for "Commission" substitute
15 "Authority".
21 In section 177(2), for "Commission" substitute
"Authority".
22 In section 178(1)(c), for "Commission" substitute
"Authority".
20 23 In section 179(1)(c), for "Commission" substitute
"Authority".
24 In section 182(1)(b), for "Commission" substitute
"Authority".
25 In section 188(1)(b), for "Commission" substitute
25 "Authority".
26 In section 188(6), for "Commission" substitute
"Authority".
27 In section 189, for "Commission" substitute "Authority".
28 Insert the following heading to section 190--
30 "Minister may require Authority to act as building
surveyor".
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Sch. 1
29 In section 190(1), for "Commission" substitute
"Authority".
30 Insert the following heading to section 214--
"Agreements with councils or the Authority".
5 31 In section 214, for "Commission" (wherever occurring)
substitute "Authority".
32 In section 221B(1)--
(a) in the definition of licensed plumber, for "Plumbing
Industry Commission" substitute "Authority"; and
10 (b) in the definition of registered plumber, for
"Plumbing Industry Commission" substitute
"Authority".
33 In section 221D, for "Commission" (wherever occurring)
substitute "Authority".
15 34 In section 221F(1), for "Commission" substitute
"Authority".
35 In section 221H(2), for "Commission" substitute
"Authority".
36 In section 221L(1)(a), for "Commission" substitute
20 "Authority".
37 In section 221M, for "Commission" (wherever occurring)
substitute "Authority".
38 In section 221N, for "Commission" (wherever occurring)
substitute "Authority".
25 39 In section 221O, for "Commission" (wherever occurring)
substitute "Authority".
40 In section 221OA, for "Commission" (wherever occurring)
substitute "Authority".
41 In section 221P, for "Commission" (wherever occurring)
30 substitute "Authority".
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Sch. 1
42 In section 221Q, for "Commission" (where twice
occurring) substitute "Authority".
43 In section 221R, for "Commission" (where twice
occurring) substitute "Authority".
5 44 Insert the following heading to section 221S--
"Authority may refuse to license or register certain
persons".
45 In section 221S, for "Commission" (where twice
occurring) substitute "Authority".
10 46 In section 221T, for "Commission" (wherever occurring)
substitute "Authority".
47 Insert the following heading to section 221U--
"Authority may require further information".
48 In section 221U, for "Commission" (where twice
15 occurring) substitute "Authority".
49 In section 221V, for "Commission" substitute
"Authority".
50 In section 221W, for "Commission" (wherever occurring)
substitute "Authority".
20 51 Insert the following heading to section 221X--
"Authority may impose conditions on licensing or
registering person".
52 In section 221X, for "Commission" (where twice
occurring) substitute "Authority".
25 53 In section 221Z, for "Commission" (wherever occurring)
substitute "Authority".
54 Insert the following heading to section 221ZA--
"Plumbers must notify Authority of change of contact
details".
30 55 In section 221ZA, for "Commission" substitute
"Authority".
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56 In section 221ZB, for "Commission" (wherever occurring)
substitute "Authority".
57 Insert the following heading to section 221ZC--
"Authority may require further information".
5 58 In section 221ZC, for "Commission" (where twice
occurring) substitute "Authority".
59 In section 221ZD, for "Commission" (wherever occurring)
substitute "Authority".
60 Insert the following heading to section 221ZE--
10 "Authority may permit late renewals".
61 In section 221ZE, for "Commission" (where twice
occurring) substitute "Authority".
62 In section 221ZF(1), for "Commission" (where twice
occurring) substitute "Authority".
15 63 In section 221ZF(2), for "Commission's" substitute
"Authority's".
64 In section 221ZFB(c)(i), for "Commission" substitute
"Authority".
65 In section 221ZFC(b)(i), for "Commission" substitute
20 "Authority".
66 In section 221ZH, for "Commission" (wherever occurring)
substitute "Authority".
67 In section 221ZK, for "Commission" (where twice
occurring) substitute "Authority".
25 68 In the heading to section 221ZKA, for "Commission"
substitute "Authority".
69 In section 221ZKA, for "Commission" (wherever
occurring) substitute "Authority".
70 In section 221ZN, for "Commission" (wherever occurring)
30 substitute "Authority".
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71 In section 221ZP, for "Commission" (wherever occurring)
substitute "Authority".
72 In section 221ZPA(3), for "Commission" substitute
"Authority".
5 73 In section 221ZU, for "Commission" (wherever occurring)
substitute "Authority".
74 In section 221ZV, for "Commission" (wherever occurring)
substitute "Authority".
75 In section 221ZY(3), for "Commission" substitute
10 "Authority".
76 In section 221ZZB(3)(c), for "Commission" substitute
"Authority".
77 In section 221ZZE(3), for "Commission" (where twice
occurring) substitute "Authority".
15 78 In section 221ZZF(5), for "Commission" substitute
"Authority".
79 Insert the following heading to section 221ZZK--
"Work may be carried out by Authority or plumbing
inspector".
20 80 In section 221ZZK, for "Commission" (wherever
occurring) substitute "Authority".
81 In section 221ZZL(1)(b), for "Commission" substitute
"Authority".
82 Insert the following heading to section 221ZZN--
25 "Authority may resolve disputes concerning
interpretation of plumbing regulations".
83 In section 221ZZN, for "Commission" (wherever
occurring) substitute "Authority".
84 In section 221ZZO(1), for "Commission" substitute
30 "Authority".
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Sch. 1
85 Insert the following heading to section 221ZZP--
"Matters Authority must consider before making a
modification declaration".
86 In section 221ZZP, for "Commission" (wherever
5 occurring) substitute "Authority".
87 In section 221ZZQ(1)(a), for "Plumbing Industry
Commission" substitute "Victorian Building Authority".
88 In section 221ZZZ(2), for "Commission" substitute
"Authority".
10 89 In section 221ZZZA(3)(d), for "Commission" (where
twice occurring) substitute "Authority".
90 In section 221ZZZD, for "Commission" (where twice
occurring) substitute "Authority".
91 Insert the following heading to section 221ZZZF--
15 "Inquiry by Authority".
92 In section 221ZZZF, for "Commission" (where twice
occurring) substitute "Authority".
93 In section 221ZZZH(1), for "Commission" (wherever
occurring) substitute "Authority".
20 94 In section 221ZZZI, for "Plumbing Industry Commission"
substitute "Victorian Building Authority".
95 Insert the following heading to section 221ZZZJ--
"Disciplinary powers of Authority".
96 In section 221ZZZJ, for "Commission" (wherever
25 occurring) substitute "Authority".
97 In section 221ZZZK, for "Commission" (where twice
occurring) substitute "Authority".
98 Insert the following heading to section 221ZZZL--
"Authority may revoke cancellation or suspension".
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Sch. 1
99 In section 221ZZZL, for "Commission" substitute
"Authority".
100 Insert the following heading to section 221ZZZM--
"Authority may compensate persons suffering loss
5 from unsatisfactory plumbing work".
101 In section 221ZZZM, for "Commission" (wherever
occurring) substitute "Authority".
102 Insert the following heading to section 221ZZZN--
"Procedures of Authority sub-committee conducting
10 inquiry or taking disciplinary action".
103 In section 221ZZZN(1), for "of the Commission"
substitute "of the Authority".
104 In section 221ZZZN(1)(b), for "Plumbing Industry
Commission" substitute "Victorian Building Authority".
15 105 In section 221ZZZP, for "Commission" (wherever
occurring) substitute "Authority".
106 In section 221ZZZT, for "Commission" (wherever
occurring) substitute "Authority".
107 In section 221ZZZU(3), for "Commission" (where twice
20 occurring) substitute "Authority".
108 In section 221ZZZV(1)(b), for "Commission" substitute
"Authority".
109 In section 227B(2), for "Commission" substitute
"Authority".
25 110 In section 227C(3)(d), for "Commission" (where twice
occurring) substitute "Authority".
111 In section 241B, for "Commission" substitute
"Authority".
112 In section 252(1), for "Commission" substitute
30 "Authority".
113 In section 253(1), for "Commission" substitute
"Authority".
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Sch. 1
114 For section 261(1)(o) substitute--
"(o) the procedures of the Authority, the Building
Advisory Council, the Plumbing Advisory Council,
the Building Practitioners Board and the Building
5 Regulations Advisory Committee;
(oa) the proceedings of the Building Appeals Board;".
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Building and Planning Legislation Amendment (Governance and Other
Matters) Bill 2013
Sch. 2
SCHEDULE 2
CONSEQUENTIAL AMENDMENTS TO OTHER ACTS
Section 35
1 Building and Construction Industry Security of
5 Payment Act 2002
1.1 In section 4--
(a) in the definition of authorised nominating
authority, for "Building Commission"
substitute "Authority";
10 (b) insert the following definition--
"Authority means the Victorian Building
Authority established under the
Building Act 1993;";
(c) the definition of Building Commission is
15 repealed.
1.2 In section 20(4), for "Building Commission"
substitute "Authority".
1.3 In the heading to section 23A, for "Building
Commission" substitute "Authority".
20 1.4 In section 23A(b), for "Building Commission"
substitute "Authority".
1.5 In section 24(3), for "Building Commission"
substitute "Authority".
1.6 In section 28D(5)(b), for "Building Commission"
25 substitute "Authority".
1.7 In section 28G(4), for "Building Commission"
substitute "Authority".
1.8 In section 28J(c), for "Building Commission"
substitute "Authority".
30 1.9 In section 42, for "Building Commission"
(wherever occurring) substitute "Authority".
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1.10 In the heading to section 43, for "Building
Commission" substitute "Authority".
1.11 In section 43, for "Building Commission"
substitute "Authority".
5 1.12 In section 43A(g), for "Building Commission"
substitute "Authority".
1.13 In section 43B(1)--
(a) for "Building Commission" substitute
"Authority";
10 (b) for "the Commission" substitute
"the Authority".
1.14 In the heading to section 47A, for "Building
Commission" substitute "Authority".
1.15 In section 47A, for "Building Commission"
15 substitute "Authority".
1.16 In section 47B, for "Building Commission"
(wherever occurring) substitute "Authority".
1.17 In section 47C, for "Building Commission"
(where twice occurring) substitute "Authority".
20 1.18 In section 49--
(a) for "Building Commission" (wherever
occurring) substitute "Authority";
(b) for "the Commissioner" substitute
"a Commissioner";
25 (c) after "(within the meaning of the Building
Act 1993)" insert ", the chief executive
officer of the Authority".
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2 Domestic Building Contracts Act 1995
2.1 In section 3(1)--
(a) insert the following definition--
"Authority means the Victorian Building
5 Authority established under the
Building Act 1993;";
(b) the definition of Commission is repealed.
2.2 In section 43F(1), for "Commission" substitute
"Authority".
10 2.3 In section 44(2), for "Commission" substitute
"Authority".
2.4 In section 45, for "Commission" (wherever
occurring) substitute "Authority".
2.5 In section 48(2A), for "Commission" substitute
15 "Authority".
2.6 In the heading to section 123A, for "Commission"
substitute "Authority".
2.7 In section 123A, for "Commission" substitute
"Authority".
20 2.8 In section 124(2)--
(a) in paragraph (c), for "in the Building
Administration Fund under section
200(7)(ba)" substitute "in the Building
account of the Victorian Building Authority
25 Fund under section 205B(1)(d)";
(b) in paragraph (ca), for "in the Building
Administration Fund under section 200(7E)"
substitute "in the Building account of the
Victorian Building Authority Fund under
30 section 205B(5)".
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3 Electricity Industry (Residual Provisions) Act 1993
In section 84AC, for "Commissioner of the
Building Commission" substitute "Victorian
Building Authority".
5 4 Gas Safety Act 1997
In section 117AB, in the definition of inspector,
for "the Plumbing Industry Commissioner
appointed under Part 12A" substitute
"a Commissioner within the meaning".
10 5 House Contracts Guarantee Act 1987
Section 46(2)(b) is repealed.
6 Loy Yang B Act 1992
In section 22, for "Building Commission"
substitute "Victorian Building Authority".
15 7 Planning and Environment Act 1987
In section 201RG(2), in the definition of value,
for "section 201" substitute "Subdivision 4 of
Division 2 of Part 12".
8 Urban Renewal Authority Victoria Act 2003
20 8.1 In section 50(1)--
(a) the definition of Building Commission is
repealed;
(b) in the definition of cost of building work, for
"section 201" substitute "Subdivision 4 of
25 Division 2 of Part 12";
(c) in the definition of valuer-general, for
"1960." substitute "1960;";
(d) insert the following definition--
"Victorian Building Authority means the
30 Victorian Building Authority"
established under Part 12 of the
Building Act 1993.".
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8.2 In section 51I(3)(a), for "Building Commission"
substitute "Victorian Building Authority".
8.3 In section 51Q(3)(a), for "Building Commission"
substitute "Victorian Building Authority".
5 9 Victorian Civil and Administrative Tribunal
Act 1998
9.1 Before clause 12 of Part 6 of Schedule 1 insert--
"11K Definitions
In this Part--
10 Building Practitioners Board means the
Building Practitioners Board
established under Division 3 of Part 11
of the Building Act 1993;
Victorian Building Authority means the
15 Victorian Building Authority
established under Division 2 of Part 12
of the Building Act 1993.".
9.2 In the heading to clause 12 of Part 6 of
Schedule 1, for "Building Commission"
20 substitute "Victorian Building Authority".
9.3 In clause 12(1) of Part 6 of Schedule 1, for
"Building Commission" substitute "Victorian
Building Authority".
9.4 In clause 12(2) of Part 6 of Schedule 1, for
25 "Commission" (where twice occurring) substitute
"Authority".
9.5 In clause 12A(1) of Part 6 of Schedule 1, for
"Building Commission" substitute "Victorian
Building Authority".
30 9.6 In clause 12A(2) of Part 6 of Schedule 1, for
"the Commission" substitute "the Authority".
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9.7 In the heading to clause 40 of Part 11 of
Schedule 1, for "Building Commission"
substitute "Victorian Building Authority".
9.8 In clause 40(1) of Part 11 of Schedule 1, for
5 "Building Commission" substitute "Victorian
Building Authority".
9.9 In clause 40(2) of Part 11 of Schedule 1, for
"Commission" (where twice occurring) substitute
"Authority".
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Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571327B.I-7/5/2013 69 BILL LA INTRODUCTION 7/5/2013
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