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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Engineers Registration Bill 2018
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purposes 1
2 Commencement 2
3 Definitions 2
4 What are areas of engineering? 5
5 Extraterritorial application of Act 5
6 Functions of the Business Licensing Authority 6
7 Functions of the Director 6
8 Functions of the Victorian Building Authority 7
9 Delegation 7
Part 2--Registration of engineers 8
Division 1--Procedure for obtaining registration and endorsement 8
10 Application for registration 8
11 Application for endorsement 8
12 Registration 9
13 When a person is a fit and proper person 10
14 Endorsement 11
15 Referral of endorsement applications to Victorian Building
Authority 12
16 Business Licensing Authority may conduct inquiries and
require further information 13
17 Certificates 13
18 Conditions on registration or endorsement 14
19 Period of registration or endorsement 14
20 Renewal of registration 14
21 Annual endorsement fee and statement 15
22 Surrender of registration or endorsement 16
23 Suspension of endorsement 16
24 Change to registered information 16
25 Return of certificates of registration 17
Division 2--Review of registration decisions 17
26 Definitions 17
27 Application for review by VCAT of reviewable decision 18
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Clause Page
Division 3--The Register 18
28 The Register 18
29 Publication of information 20
Division 4--Codes of conduct 21
30 Director may approve codes of conduct for registered
engineers 21
31 Codes of conduct prepared by Director or industry 22
32 Publication of codes of conduct 22
33 Engineers must comply with approved codes of conduct 23
Part 3--Assessment schemes 24
Division 1--Approval of assessment schemes 24
34 Suitability of assessment schemes for approval 24
35 Application for approval of an assessment scheme 25
36 Application for renewal of approval of an assessment scheme 25
37 Application for variation to an approved assessment scheme 26
38 Notification of change of details of assessment entity 26
39 Further information or document to support application 27
40 Decision on application 27
41 Notice of decision 28
42 Grant of application with conditions 28
43 Refusal of application 29
44 Period of approval 30
45 Approval continues pending decision about renewal 30
46 Surrender of approval 31
47 Grounds for cancellation or suspension of approval 31
Division 2--Show cause process 32
48 Show cause notice for assessment entities 32
49 Representations about show cause notice 33
50 Ending show cause process without further action 33
51 Cancelling or suspending after show cause process 33
Division 3--Review by VCAT 34
52 Application for review by VCAT of refusal to grant
application 34
Division 4--Record of assessment entities 35
53 Record of assessment entities 35
Part 4--Disciplinary proceedings in relation to registered
engineers 36
Division 1--Preliminary 36
54 Application of Part 36
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Clause Page
55 Grounds for disciplinary action 36
Division 2--Show cause process 37
56 Show cause process for registered engineers 37
57 Representations about show cause notice 39
58 Decision about whether to take disciplinary action 39
59 Ending show cause process without further action 39
Division 3--VCAT may conduct disciplinary proceedings 40
60 VCAT may conduct disciplinary proceeding 40
61 Continuation of particular proceeding 40
62 Orders relating to registered engineer 40
63 Orders relating to former registered engineer 42
64 Consequences of suspension of registration 42
65 Effect of particular orders 43
66 Recording details of orders 43
Part 5--Offences 44
67 Offence to provide professional engineering services without
registration 44
68 Offence to hold out to be registered or endorsed without
registration 44
69 Offence to provide false or misleading information 45
Part 6--Enforcement 46
Division 1--Preliminary 46
70 Inspector must produce identity card 46
Division 2--Inspection of documents and records 46
71 Documents to be available for inspection 46
72 Powers on production of documents 46
73 Where must documents be produced? 47
74 Third parties to produce documents and answer questions
relating to professional engineering services 47
75 Specified public bodies to answer questions and supply
information 48
76 Certain other specified persons or bodies to answer questions
and supply information 49
77 Specified persons to answer questions and supply information 50
78 Service of documents 51
Division 3--Entry, search and seizure 51
79 Entry or search with consent 51
80 Entry without consent or warrant 53
81 Use or seizure of electronic equipment at premises 54
82 Search warrants 56
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Clause Page
83 Form and content of search warrants 56
84 Warrant may authorise the giving of a direction requiring
assistance from person with knowledge of a computer or other
electronic device 58
85 Announcement before entry 60
86 Seizure of things not mentioned in the warrant 61
87 Embargo notice 61
88 Inspector may monitor compliance with embargo notice 62
89 Search warrants in relation to embargo notice 63
90 Retention and return of seized documents or things 63
91 Magistrates' Court may extend 3-month period 64
92 Requirement to assist inspector during entry 65
93 Protection against self-incrimination 65
94 Refusal or failure to comply with requirement 66
95 Confidentiality 66
96 Infringements 67
97 Complaints 67
Part 7--General 68
98 Application of Australian Consumer Law and Fair Trading
Act 2012 68
99 Who may commence proceedings? 69
100 Service of documents 69
101 Extension of time for prosecutions 70
102 Review of operation of Act 70
103 Regulations 71
104 Transitional regulations 72
105 Certain provisions of the Subordinate Legislation Act 1994 not
to apply 73
Part 8--Savings, consequential and transitional provisions 74
Division 1--Transitional provisions 74
106 Definitions 74
107 Certain building practitioners deemed to be registered
engineers until registration expires 74
Division 2--Amendments to the Business Licensing Authority
Act 1998 75
108 Definitions 75
109 Constitution of Authority 75
110 Functions of Authority 75
111 Consultants 75
Division 3--Amendments to the Building Act 1993 76
112 Definitions 76
113 Offences relating to carrying out building work 76
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Clause Page
114 Specification of builders in relation to specific building work 76
115 Notice of ending of engagement of builder 77
116 Notice to relevant building surveyor of subsequent
engagement of builder 77
117 Suspension of building permit 77
118 Immunity for Commissioners and staff 78
119 Immunity for building surveyor relying on certificate 78
120 Order requiring insurance 78
121 Offence to work as building practitioner without required
insurance 78
122 Offence to claim to be insured when uninsured 79
123 Offence for owner-builder to sell building without report
or insurance 79
124 New section 169K inserted 79
125 Registered building practitioner to produce certificate of
registration for inspection 80
126 New section 177E inserted 80
127 Grounds for disciplinary action 80
128 New section 184A inserted 81
129 Grounds on which disciplinary action may be taken 82
130 Building surveyor may rely on certificate by other registered
building practitioner 82
Division 4--Amendments to the Domestic Building Contracts Act
1995 82
131 Building work to which this Act does not apply 82
132 What is a domestic building work dispute? 83
133 Who may be appointed as an assessor? 83
134 What is a domestic building dispute? 83
Division 5--Amendments to the Australian Consumer Law and
Fair Trading Act 2012 84
135 Definitions 84
136 Effect of suspension 84
137 Schedule 1 to the Australian Consumer Law and Fair Trading
Act 2012 85
Division 6--Repeal of amending Divisions 85
138 Repeal of amending Divisions 85
═════════════
Endnotes 86
1 General information 86
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PARLIAMENT OF VICTORIA
Introduced in the Assembly
Engineers Registration Bill 2018
A Bill for an Act to establish a scheme for the registration of
professional engineers to promote best practice in providing
professional engineering services, to provide for the endorsement of
registration, to provide protection to consumers of professional
engineering services and to make consequential amendments to other
Acts and for other purposes.
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purposes
The purpose of this Act is to establish a scheme
for the registration of professional engineers--
5 (a) to promote best practice in providing
professional engineering services; and
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Part 1--Preliminary
(b) to ensure that professional engineering
services are provided only by suitably
qualified and experienced engineers; and
(c) to provide for the endorsement of
5 registration authorising a registered engineer
to be engaged in the building industry; and
(d) to provide appropriate protection to
consumers of professional engineering
services provided by registered engineers;
10 and
(e) to make consequential amendments to other
Acts.
2 Commencement
(1) Subject to subsection (2), this Act comes into
15 operation on a day or days to be proclaimed.
(2) If a provision of this Act has not come into
operation by 1 July 2020, it comes into operation
on that day.
3 Definitions
20 (1) In this Act--
assessment entity, for an assessment scheme
that has been approved under Part 3,
means the entity administering the scheme;
assessment scheme means a scheme approved
25 under Part 3;
Building account has the same meaning as it has
in the Building Act 1993;
Business Licensing Authority means the Business
Licensing Authority established under the
30 Business Licensing Authority Act 1998;
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Part 1--Preliminary
Director means the person who, for the
time being, is employed as Director of
Consumer Affairs Victoria under the
Public Administration Act 2004;
5 endorsed building engineer means a registered
engineer whose registration is endorsed
under Part 2;
endorsement means an endorsement under Part 2
authorising a registered engineer to engage
10 in the building industry;
inspector means an inspector appointed under
the Australian Consumer Law and Fair
Trading Act 2012;
Licensing Registrar means the Registrar of the
15 Business Licensing Authority appointed
under the Business Licensing Authority
Act 1998;
non-practising engineer means a registered
engineer who does not carry out, and is
20 not responsible for the carrying out of,
professional engineering services;
officer, in relation to a body corporate, has the
same meaning as officer of a corporation
has in section 9 of the Corporations Act;
25 practising engineer means a registered engineer
who carries out, or is responsible for the
carrying out of, professional engineering
services;
prescriptive standard means a document that
30 states procedures or criteria--
(a) for carrying out a design, or a
construction or production activity,
relating to engineering; and
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Part 1--Preliminary
(b) the application of which, to the
carrying out of the design, or the
construction or production activity,
does not require advanced scientifically
5 based calculations;
professional engineering service means an
engineering service that requires, or is
based on, the application of engineering
principles and data--
10 (a) to a design relating to engineering; or
(b) to a construction, production,
operation or maintenance activity
relating to engineering--
other than an engineering service that
15 is provided only in accordance with a
prescriptive standard;
Register means the Register kept under
section 28;
registered engineer means a person who is
20 registered under Part 2;
suitable for approval, in relation to an
assessment scheme, means an assessment
scheme that complies with the requirements
of section 34;
25 unsatisfactory professional conduct, for a
registered engineer, includes the following--
(a) conduct that is of a lesser standard
than that which might reasonably be
expected of the registered engineer
30 by the public or by the engineer's
professional peers;
(b) conduct that demonstrates
incompetence, or a lack of adequate
knowledge, skill, judgement or care,
35 in the practice of engineering;
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Part 1--Preliminary
(c) misconduct in a professional respect;
(d) fraudulent or dishonest behaviour in the
practice of engineering;
(e) other improper or unethical conduct;
5 Victorian Building Authority means the
Victorian Building Authority established
under the Building Act 1993.
(2) In determining whether or not a document is a
prescriptive standard, regard may be had to any
10 practice notes prepared and published by the
Director.
4 What are areas of engineering?
(1) In this Act, area of engineering means any of the
following--
15 (a) structural engineering;
(b) civil engineering;
(c) mechanical engineering;
(d) electrical engineering;
(e) fire safety engineering;
20 (f) any other prescribed area of engineering.
(2) The Business Licensing Authority must publish
the areas of engineering on the Internet.
5 Extraterritorial application of Act
This Act applies within and outside Victoria to the
25 full extent of the extraterritorial legislative power
of the Parliament.
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6 Functions of the Business Licensing Authority
The functions of the Business Licensing Authority
under this Act are--
(a) to determine applications for registration and
5 endorsement and renewals of registration and
endorsement; and
(b) to refer certain applications for endorsement
of registration to the Victorian Building
Authority for report; and
10 (c) to approve assessment entities and
assessment schemes; and
(d) to liaise with and assist the Director and the
Victorian Building Authority in carrying out
their functions in relation to this Act; and
15 (e) to refer relevant matters for investigation
by the Director or any other relevant body;
and
(f) any other function conferred on the Business
Licensing Authority by or under this Act, the
20 regulations or any other Act or regulations.
7 Functions of the Director
The functions of the Director under this Act are--
(a) to liaise with and assist the Business
Licensing Authority and the Victorian
25 Building Authority in carrying out their
functions in relation to this Act; and
(b) to monitor compliance with, and investigate
and prosecute alleged contraventions of, this
Act; and
30 (c) to refer registered engineers to VCAT for
disciplinary action; and
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(d) to refer to other bodies for investigation, if
appropriate, any allegation, complaint or
information in relation to registered
engineers; and
5 (e) any other function conferred on the Director
by or under this Act, the regulations or any
other Act or regulations.
8 Functions of the Victorian Building Authority
The functions of the Victorian Building Authority
10 under this Act are--
(a) to provide reports in relation to applications
for endorsement; and
(b) to liaise with and assist the Business
Licensing Authority and the Director in
15 carrying out their functions in relation to
this Act; and
(c) any other function conferred on the Victorian
Building Authority by or under this Act, the
regulations or any other Act or regulations.
20 9 Delegation
(1) The Director, by instrument, may delegate any of
the Director's functions or powers under this Act
to either or both of the following--
(a) a person engaged or appointed under
25 section 7(2) or 15 of the Business Licensing
Authority Act 1998;
(b) a person or class of person employed
under Part 3 of the Public Administration
Act 2004 in the administration of this Act.
30 (2) The Victorian Building Authority, by instrument,
may delegate any of its functions or powers under
this Act to any person.
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Part 2--Registration of engineers
Part 2--Registration of engineers
Division 1--Procedure for obtaining registration
and endorsement
10 Application for registration
5 (1) A natural person may apply to the Business
Licensing Authority to be registered as an
engineer.
(2) The application must--
(a) be in writing; and
10 (b) state each area of engineering for which
registration is sought; and
(c) state whether the applicant is seeking
registration as a practising or non-practising
engineer; and
15 (d) be accompanied by the prescribed
information; and
(e) be accompanied by--
(i) the prescribed application fee; and
(ii) the prescribed registration fee; and
20 (f) be in accordance with the regulations.
11 Application for endorsement
(1) A natural person who has applied for registration,
or is registered, under section 12 may apply to the
Business Licensing Authority for an endorsement
25 of the registration authorising the person to
practise as a registered engineer who is engaged
in the building industry.
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Part 2--Registration of engineers
(2) The application must--
(a) be in writing; and
(b) be accompanied by the prescribed
information; and
5 (c) be accompanied by the prescribed
endorsement application fee; and
(d) be in accordance with the regulations.
(3) The application may be made at the same time as,
or after, an application under section 10.
10 (4) The Business Licensing Authority must pay any
endorsement application fees received under this
section into the Building account.
12 Registration
(1) The Business Licensing Authority must register
15 an applicant in an area of engineering applied for
if--
(a) it is satisfied that the applicant is eligible for
registration in that area; and
(b) the prescribed application fee and prescribed
20 registration fee have been paid.
(2) In determining whether an applicant is eligible
for registration, the Business Licensing Authority
must be satisfied of the following--
(a) that the applicant has the required
25 qualifications and experience relevant to
each area of engineering for which the
applicant has applied, as prescribed or
provided for in an assessment scheme
(as the case may be);
30 (b) that the applicant is not subject to
disqualification or cancellation of
registration as an engineer in Victoria,
or another State or a Territory;
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Part 2--Registration of engineers
(c) that the applicant is not a represented
person within the meaning of the
Guardianship and Administration
Act 1986;
5 (d) that the applicant has complied with any
other prescribed requirement.
(3) For the purposes of satisfying itself of the matters
referred to in subsection (2)(a), the Business
Licensing Authority must have regard to a report
10 from an assessment entity that administers an
approved assessment scheme under this Act or
the regulations.
(4) Despite subsection (1), the Business Licensing
Authority may refuse to register an applicant if
15 it is satisfied that the applicant is not a fit and
proper person to provide professional engineering
services in an area of engineering.
(5) In determining whether an applicant is eligible
for registration or is a fit and proper person, the
20 Business Licensing Authority may make any
inquiries that the Business Licensing Authority
considers to be appropriate to enable the proper
consideration of the application.
(6) The Business Licensing Authority may register
25 an applicant as a practising or non-practising
engineer.
13 When a person is a fit and proper person
In determining whether a person is a fit and
proper person to provide professional engineering
30 services in an area of engineering, the Business
Licensing Authority may have regard to the
following--
(a) whether the person, within the preceding
10 years, has been convicted or found guilty
35 of--
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Part 2--Registration of engineers
(i) an indictable offence; or
(ii) an offence that, if committed in
Victoria, would constitute an indictable
offence; or
5 (iii) an offence under any law of the
Commonwealth, or another State or a
Territory, regulating the provision of
professional engineering services;
(b) if the person has been a registered engineer
10 under this Act, or registered to practise as an
engineer under a law of the Commonwealth
or another State or a Territory, and the
registration was suspended, the reason for
the suspension;
15 (c) whether the person, or a body corporate
of which the person is or was an officer,
is or has been insolvent or an externally-
administered company under the
Corporations Act;
20 (d) whether the person has failed to comply
with--
(i) an order by a court or VCAT under this
Act; or
(ii) an order by a court or tribunal of the
25 Commonwealth or another State or a
Territory under a law regulating the
provision of professional engineering
services;
(e) any other prescribed circumstances.
30 14 Endorsement
(1) The Business Licensing Authority must,
on application under section 11, endorse a
registration authorising the applicant as a
registered engineer who is engaged in the
35 building industry if--
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Part 2--Registration of engineers
(a) it is satisfied that the applicant is
registered, or is eligible for registration,
under section 12; and
(b) the prescribed endorsement application fee
5 has been paid; and
(c) it is satisfied that the applicant is a fit and
proper person within the meaning of the
Building Act 1993 to carry on business as
a registered engineer who is engaged in the
10 building industry.
(2) For the purposes of satisfying itself of the matters
referred to in subsection (1)(c), the Business
Licensing Authority must rely on a report from
the Victorian Building Authority.
15 15 Referral of endorsement applications to Victorian
Building Authority
(1) Before making a decision on an application for
endorsement, the Business Licensing Authority
may refer the application to the Victorian Building
20 Authority.
(2) On a referral under this section, the Victorian
Building Authority--
(a) may make any inquiries in relation to the
application that the Victorian Building
25 Authority considers to be appropriate to
enable the proper consideration of the
application; and
(b) must give the Business Licensing Authority
a report on the results of those inquiries.
30 (3) The Victorian Building Authority--
(a) must include in a report a recommendation
whether the registration should be endorsed;
and
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Part 2--Registration of engineers
(b) may include in a report any other
recommendations relating to the application
that the Victorian Building Authority thinks
fit.
5 16 Business Licensing Authority may conduct inquiries
and require further information
(1) In considering an application under this Division,
the Business Licensing Authority may--
(a) conduct any inquiries in relation to the
10 application that it thinks fit; and
(b) require an applicant to provide further
information in relation to the application.
(2) The Business Licensing Authority may refuse
to register an applicant or endorse an applicant's
15 registration (as the case may be) if the applicant
fails to comply with a requirement under
subsection (1)(b) within a reasonable time after
the requirement is made.
(3) Each of the Business Licensing Authority and
20 the Victorian Building Authority may specify how
any information supplied to it under this Division
is to be verified, and without limiting the scope of
this power, may require that the information be
supplied in the form of, or be verified by, a
25 statutory declaration.
17 Certificates
(1) As soon as is practicable after registering an
applicant under section 12, the Business Licensing
Authority must cause a certificate of registration
30 to be issued to the applicant.
(2) If the Licensing Registrar is satisfied that a
certificate has been lost or destroyed, the
Licensing Registrar, on payment of the prescribed
fee (if any), may issue a duplicate certificate.
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Part 2--Registration of engineers
(3) A registered engineer must, on request, produce
the engineer's certificate to any of the following
persons or bodies within 7 days of the request
being made--
5 (a) the Business Licensing Authority;
(b) the Director;
(c) the Victorian Building Authority;
(d) an inspector;
(e) a client of the engineer.
10 Penalty: 10 penalty units.
18 Conditions on registration or endorsement
The Business Licensing Authority--
(a) must impose on a registration or
endorsement any prescribed conditions; and
15 (b) may impose on a registration or endorsement
any other conditions that the Business
Licensing Authority considers appropriate
for the registration or endorsement.
19 Period of registration or endorsement
20 (1) Registration and endorsement under this Part lasts
for a period of up to 3 years as determined by the
Business Licensing Authority.
(2) Subsection (1) does not take away from any
provision about the suspension or cancellation
25 of registration.
20 Renewal of registration
(1) The Business Licensing Authority may grant a
renewal of registration or an endorsement on the
application of the registered engineer.
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Part 2--Registration of engineers
(2) This Part applies to a renewal of registration or
endorsement in the same manner as it applies to a
registration or endorsement, subject to any
prescribed modifications.
5 (3) A prescribed qualification or the equivalent
of a prescribed qualification accepted
under section 12(2)(a) for the registration of
an engineer is taken to be the appropriate
prescribed qualification for the renewal of
10 that registration.
(4) Without limiting subsection (2), in considering
whether to grant a renewal of registration or a
renewal of an endorsement, the Business
Licensing Authority may have regard to--
15 (a) whether the applicant has complied
with prescribed continuing professional
development requirements (if any); and
(b) whether the applicant complies with
any other renewal criteria or conditions
20 prescribed by the regulations.
21 Annual endorsement fee and statement
(1) An endorsed building engineer must pay to the
Victorian Building Authority the prescribed
annual endorsement fee (if any)--
25 (a) on the date the endorsement was specified to
come into force under section 14 or specified
to be renewed under section 20 (as the case
may be) and on each subsequent anniversary
of whichever of those dates is applicable; or
30 (b) if another date is prescribed, on the
prescribed date.
(2) An annual endorsement fee may be paid at any
time in the 6 weeks before it falls due.
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(3) The payment must be accompanied by a statement
in respect of the year up to the date the payment is
made that is in a form approved by the Victorian
Building Authority and that is signed by the
5 endorsed building engineer.
(4) The statement must contain any information and
be accompanied by any document required by the
Victorian Building Authority.
(5) The Business Licensing Authority must suspend
10 the endorsement on an endorsed building
engineer's registration if the engineer fails to
comply with this section.
22 Surrender of registration or endorsement
(1) A registered engineer may, with the consent of
15 the Business Licensing Authority, surrender the
engineer's registration.
(2) An endorsed building engineer may, with the
consent of the Business Licensing Authority and
the Victorian Building Authority, surrender the
20 endorsement on the engineer's registration.
23 Suspension of endorsement
The Business Licensing Authority must suspend
an endorsed building engineer's endorsement
upon granting an application by the engineer for
25 registration as a non-practising engineer.
24 Change to registered information
A registered engineer must notify the Business
Licensing Authority of any material change to the
information about the engineer provided to the
30 Business Licensing Authority under this Part
within 14 days after the change occurs.
Penalty: 10 penalty units.
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25 Return of certificates of registration
A person registered, or whose registration is
endorsed, under this Part must return the
certificate of registration to the Business
5 Licensing Authority within 7 days of--
(a) becoming aware of the suspension or
cancellation of the registration; or
(b) becoming aware of the suspension or
cancellation of an endorsement of the
10 registration; or
(c) notifying the Business Licensing
Authority that the person is surrendering
an endorsement or registration; or
(d) the occurrence of any other prescribed
15 circumstances.
Penalty: 10 penalty units.
Division 2--Review of registration decisions
26 Definitions
In this Division--
20 affected person means a person directly affected
by a reviewable decision;
reviewable decision means any of the following
decisions under this Act--
(a) a decision to refuse an application for
25 registration in an area of engineering;
(b) a decision to refuse an application for
endorsement of a registration;
(c) a decision to impose conditions
(other than prescribed conditions) on
30 a registration or an endorsement of a
registration;
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Part 2--Registration of engineers
(d) a decision to refuse to renew a
registration or an endorsement of a
registration.
27 Application for review by VCAT of reviewable
5 decision
(1) An affected person may apply to VCAT for
review of a reviewable decision.
(2) An application for review of a reviewable decision
must be made within 28 days after the reviewable
10 decision is made.
(3) For the purposes of an application under this
section, the following decisions are taken to be a
decision of the Victorian Building Authority--
(a) a decision to refuse an application for
15 endorsement of a registration;
(b) a decision to impose conditions (other than
prescribed conditions) on an endorsement of
a registration;
(c) a decision to refuse to renew an endorsement
20 of a registration.
Division 3--The Register
28 The Register
(1) The Licensing Registrar must establish and
maintain a register to be called the Register of
25 Professional Engineers.
(2) The purposes of the Register are--
(a) to record information about registered
engineers and endorsed building engineers
and publish certain information; and
30 (b) to record information about applications for
registration and endorsement of registration
and for renewal of registration and
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endorsement of registration, including
applications that were refused; and
(c) to record information about registration or
endorsements of registration that were
5 cancelled by VCAT and any conditions
imposed on registrations or endorsements;
and
(d) to record decisions and determinations made
by the Business Licensing Authority under
10 this Act; and
(e) subject to section 17A of the Business
Licensing Authority Act 1998, to make the
information collected for the purposes of the
Register available to the public; and
15 (f) to enable the Director, the Business
Licensing Authority and the Victorian
Building Authority to provide information
to registered engineers and other persons
affected by this Act.
20 (3) The Licensing Registrar must record in the
Register the following information in respect of
each registered engineer--
(a) the engineer's full name and registration
number;
25 (b) the address of the engineer;
(c) the areas of engineering in respect of which
the engineer is registered;
(d) whether there is an endorsement on the
registration;
30 (e) the date on which the application for
registration and endorsement of the
registration (if any) was granted;
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Part 2--Registration of engineers
(f) the date on which an application for renewal
of the registration and endorsement of the
registration (if any) was granted;
(g) the expiry date of the registration and
5 endorsement of the registration (if any);
(h) if applicable, the date on which the
registration or endorsement of the
registration was cancelled;
(i) details of any condition to which the
10 registration and endorsement of the
registration (if any) is subject;
(j) details of any court order or VCAT order
affecting the registration and endorsement
of the registration (if any) of which the
15 Business Licensing Authority has notice;
(k) any other prescribed matter.
(4) A person may search and take a copy of an extract
from, or a copy of, the Register on payment of the
prescribed fee (if any).
20 (5) A person may obtain a certified extract from, or a
certified copy of, the Register on the payment of
the prescribed fee (if any).
(6) Subject to section 17A of the Business Licensing
Authority Act 1998, the Licensing Registrar may
25 keep and publish the Register in any form that the
Licensing Registrar thinks fit.
29 Publication of information
(1) The Licensing Registrar must publish on the
Internet the following information in respect of
30 each registered engineer--
(a) the name of the engineer;
(b) the areas of engineering in respect of which
the engineer is registered;
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Part 2--Registration of engineers
(c) whether there is an endorsement on the
registration;
(d) the date on which the registration and
endorsement of the registration (if any)
5 was granted;
(e) the expiry date of the registration and
endorsement of the registration (if any);
(f) any conditions on the registration and
endorsement of the registration (if any);
10 (g) any convictions or findings of guilt for any
offence under this Act or the regulations or
the Building Act 1993 or regulations made
under that Act;
(h) details of any disciplinary orders made
15 under Part 4 or any disciplinary action under
Part 11 of the Building Act 1993;
(i) any other prescribed information.
(2) A registered engineer must notify the Licensing
Registrar of any change in the information about
20 the engineer appearing in the Register without
delay after the change occurs, and the Licensing
Registrar must update the Register accordingly.
(3) The Register must be in accordance with the
regulations.
25 Division 4--Codes of conduct
30 Director may approve codes of conduct for
registered engineers
(1) The Director may approve codes of conduct
for registered engineers in accordance with this
30 Division.
(2) A code of conduct may make different provision
for different areas of engineering.
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Part 2--Registration of engineers
(3) Without limiting their scope, codes of conduct
may deal with any obligation of a registered
engineer to act fairly, honestly and in the best
interests of a client.
5 31 Codes of conduct prepared by Director or industry
(1) A code of conduct approved by the Director under
this Division may be--
(a) a code of conduct prepared by the Director;
or
10 (b) a code of conduct prepared and submitted to
the Director by an organisation representing
engineers.
(2) In preparing a code of conduct under subsection
(1)(a), the Director--
15 (a) must consult with any prescribed
organisation representing engineers; and
(b) may consult with any other organisation.
(3) The Director may make changes to a code of
conduct submitted to the Director under
20 subsection (1)(b).
(4) Before making changes to a code of conduct
under subsection (3), the Director--
(a) must consult with the organisation that
submitted the code of conduct; and
25 (b) may consult with any other organisation.
32 Publication of codes of conduct
As soon as is practicable after a code of conduct is
approved, the Director must publish the code of
conduct on the Internet.
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Part 2--Registration of engineers
33 Engineers must comply with approved codes of
conduct
A registered engineer must comply with any code
of conduct approved under this Division that is
5 applicable to the area of engineering in respect of
which the engineer is registered.
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Part 3--Assessment schemes
Part 3--Assessment schemes
Division 1--Approval of assessment schemes
34 Suitability of assessment schemes for approval
An assessment scheme is suitable for approval
5 under this Part if--
(a) the scheme adequately provides for
the assessment of qualifications
and competencies of engineers in an
identifiable area of engineering; and
10 (b) the scheme is consistent with national and
international standards for the recognition
of professional engineers; and
(c) the scheme includes procedures for the
assessment of applicants for registration
15 under Part 2 that are conducted in an
independent and professional manner; and
(d) the entity conducting the scheme has
adequate procedures for monitoring and
improving the assessment process carried
20 out under the scheme; and
(e) any fees imposed under the scheme for
the assessment of qualifications and
competencies are reasonable having regard
to the scope of the services being offered;
25 and
(f) the scheme includes adequate continuing
professional development requirements for
engineers and an effective audit program to
ensure registration renewal requirements are
30 met; and
(g) the entity conducting the scheme engages
competent persons to perform assessments
of applicants for registration under Part 2
and has proven procedures for training and
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Part 3--Assessment schemes
accrediting those persons who will perform
the assessments; and
(h) the entity conducting the scheme has
the financial capacity and facilities to
5 conduct assessments of qualifications
and competencies; and
(i) the entity conducting the scheme has a
proven capacity to undertake independent
and authoritative assessments in a timely
10 manner; and
(j) the scheme and the entity conducting
the scheme satisfy any other applicable
prescribed criteria.
35 Application for approval of an assessment scheme
15 (1) An entity may apply to the Business Licensing
Authority for approval of a proposed assessment
scheme for one or more areas of engineering, or
proposed areas of engineering, to be conducted by
the entity.
20 (2) The application must--
(a) be in the approved form; and
(b) be supported by enough information to
enable the Business Licensing Authority to
determine the application; and
25 (c) be accompanied by--
(i) the proposed assessment scheme; and
(ii) the prescribed fee (if any).
36 Application for renewal of approval of an
assessment scheme
30 (1) The assessment entity for an assessment scheme
may apply to the Business Licensing Authority for
renewal of the approval of the assessment scheme.
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Part 3--Assessment schemes
(2) The application must--
(a) be in the approved form; and
(b) be supported by enough information to
enable the Business Licensing Authority to
5 determine the application; and
(c) be made at least 28 days before the approval
ends; and
(d) be accompanied by the prescribed fee
(if any).
10 37 Application for variation to an approved assessment
scheme
(1) The assessment entity for an assessment scheme
may apply to the Business Licensing Authority for
variation of the assessment scheme.
15 (2) The application must--
(a) be in the approved form; and
(b) be supported by enough information
to enable the Business Licensing Authority
to decide the application; and
20 (c) be accompanied by--
(i) the proposed variation of the
assessment scheme; and
(ii) the prescribed fee (if any).
38 Notification of change of details of assessment entity
25 An assessment entity must notify the Business
Licensing Authority of any changes in the
information provided to the Business Licensing
Authority under this Part within 30 days of the
change.
30
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Part 3--Assessment schemes
39 Further information or document to support
application
(1) The Business Licensing Authority may, by written
notice, require an applicant under this Part to give
5 the Business Licensing Authority, within at least
14 days or such other reasonable time stated in
the notice, further information or a document the
Business Licensing Authority reasonably requires
to determine the application.
10 (2) The Business Licensing Authority and the
applicant may agree on an extension of the time
stated in the notice.
(3) The applicant is taken to have withdrawn its
application if the applicant does not comply with
15 the requirement within the following time--
(a) the time stated in the notice;
(b) if the Business Licensing Authority and the
applicant have agreed on an extension of
time--the agreed time.
20 40 Decision on application
(1) The Business Licensing Authority must
determine an application under this Part by
granting or refusing the application.
(2) The Business Licensing Authority must grant the
25 application if the Business Licensing Authority is
satisfied that--
(a) in the case of an application for approval of
a proposed assessment scheme, the proposed
assessment scheme is suitable for approval;
30 or
(b) in the case of an application for renewal
of an approved assessment scheme, the
assessment scheme continues to be suitable
for approval; or
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Part 3--Assessment schemes
(c) in the case of an application for variation
of an approved assessment scheme, the
assessment scheme as proposed to be varied
is suitable for approval.
5 (3) The Business Licensing Authority may, when
granting an application, impose any conditions
that it considers appropriate.
41 Notice of decision
If the Business Licensing Authority grants an
10 application without conditions, the Business
Licensing Authority must as soon as practicable
give the applicant notice of the decision.
42 Grant of application with conditions
(1) If the Business Licensing Authority proposes to
15 grant an application with conditions, the Business
Licensing Authority must give the applicant a
notice stating the following--
(a) that the Business Licensing Authority
proposes to grant the application with
20 conditions (the proposed decision);
(b) the proposed conditions;
(c) the reasons for the proposed decision;
(d) that the applicant may make, within
28 days of receiving the notice, written
25 representations to the Business Licensing
Authority about the proposed decision.
(2) The Business Licensing Authority must consider
all written representations about the proposed
decision (the accepted representations) made by
30 the applicant within 28 days of receiving a notice
under subsection (1).
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Part 3--Assessment schemes
(3) After considering the accepted representations,
or if there are no accepted representations, the
Business Licensing Authority must decide to
grant the application with, or without, conditions.
5 (4) The Business Licensing Authority may impose
any conditions under subsection (3) that it
considers appropriate.
(5) The Business Licensing Authority must, as soon
as practicable after making a decision under
10 subsection (3), give the applicant--
(a) in the case of a decision to grant the
application without conditions, notice
of the decision; or
(b) in the case of a decision to grant the
15 application with conditions, notice of the
decision and reasons for the decision.
43 Refusal of application
(1) If the Business Licensing Authority proposes
to refuse to grant the application, the Business
20 Licensing Authority must give the applicant a
notice stating the following--
(a) that the Business Licensing Authority
proposes to refuse to grant the application
(the proposed decision);
25 (b) the reasons for the proposed decision;
(c) that the applicant may make, within
28 days of receiving the notice, written
representations to the Business Licensing
Authority about the proposed decision.
30 (2) The Business Licensing Authority must consider
all written representations about the proposed
decision (the accepted representations) made by
the applicant within 28 days of receiving a notice
under subsection (1).
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Part 3--Assessment schemes
(3) After considering the accepted representations,
or if there are no accepted representations, the
Business Licensing Authority must decide--
(a) to grant the application, with or without
5 conditions; or
(b) to refuse to grant the application.
(4) As soon as practicable after making a decision
under subsection (3), the Business Licensing
Authority must give the applicant--
10 (a) in the case of a decision to grant the
application without conditions, notice
of the decision; or
(b) in the case of a decision to grant the
application with conditions or to refuse
15 to grant the application, notice of the
decision and reasons for the decision.
(5) Section 42 does not apply in relation to conditions
imposed under this section.
44 Period of approval
20 (1) An approval of an assessment scheme under
this Part remains in force for the term decided by
the Business Licensing Authority when granting
the application for approval or renewal of the
assessment scheme, unless it is sooner cancelled,
25 suspended or otherwise ended.
(2) A term under subsection (1) must not be more
than 5 years.
(3) A variation of an approval under this Part does
not extend the term of the approval.
30 45 Approval continues pending decision about renewal
(1) If an assessment entity applies for renewal
of approval of an assessment scheme under
section 36, the approval of the assessment
scheme is taken to continue in force from the
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Part 3--Assessment schemes
day it would, but for this subsection, have ended
until the day on which any of the following first
happens--
(a) the Business Licensing Authority renews the
5 approval;
(b) if the Business Licensing Authority decides
to refuse to grant the renewal, the Business
Licensing Authority gives the assessment
entity notice of the decision;
10 (c) the assessment entity is taken to have
withdrawn the application under section
39(3).
(2) If the Business Licensing Authority renews
the approval, the approval is taken to have
15 been renewed from the day it would, but for
subsection (1), have ended.
(3) Subsection (1) does not apply if the approval of
the assessment scheme is cancelled or suspended.
46 Surrender of approval
20 (1) The assessment entity for an assessment scheme
may surrender the approval for the scheme by
notice given to the Business Licensing Authority.
(2) The surrender of the approval takes effect--
(a) 90 days after the day the notice is given to
25 the Business Licensing Authority; or
(b) if a later day is stated in the notice, on the
later day.
47 Grounds for cancellation or suspension of approval
Each of the following is a ground for cancelling
30 or suspending the approval of an assessment
scheme--
(a) the assessment scheme stops being suitable
for approval;
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Part 3--Assessment schemes
(b) the assessment entity for the scheme
has intentionally or recklessly assessed
an applicant for registration under section
12(2)(a) as having the qualifications and
5 competencies provided for under the
scheme and the applicant does not have
those qualifications or competencies;
(c) the approval was granted because of a
materially false or misleading representation
10 or declaration;
(d) the assessment entity for the scheme has
contravened a condition of the approval;
(e) the assessment entity for the scheme has
contravened a provision of this Act.
15 Division 2--Show cause process
48 Show cause notice for assessment entities
(1) This section applies if--
(a) the Business Licensing Authority believes
a ground exists to cancel or suspend the
20 approval of an assessment scheme; and
(b) the Business Licensing Authority proposes
to cancel or suspend the approval
(the proposed action).
(2) The Business Licensing Authority must give the
25 assessment entity for the assessment scheme a
notice (a show cause notice) stating the
following--
(a) the proposed action;
(b) if proposing to suspend an approval--
30 the period of the proposed suspension;
(c) the grounds for the cancellation or
suspension;
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Part 3--Assessment schemes
(d) an outline of the facts and circumstances
forming the basis for the grounds;
(e) that the assessment entity may make, within
a stated period (the show cause period),
5 written representations explaining why the
approval should not be cancelled or
suspended.
(3) The show cause period must be a period ending at
least 21 days after the show cause notice is given
10 to the assessment entity.
49 Representations about show cause notice
The Business Licensing Authority must consider
all written representations (the accepted
representations) made in the show cause period
15 by the assessment entity.
50 Ending show cause process without further action
If, after considering the accepted representations
for the show cause notice, the Business Licensing
Authority no longer believes the ground exists to
20 take the proposed action, the Business Licensing
Authority--
(a) must not take further action about the show
cause notice; and
(b) must, as soon as practicable, give notice to
25 the assessment entity that no further action
is to be taken in relation to the show cause
notice.
51 Cancelling or suspending after show cause process
(1) This section applies if, after considering the
30 accepted representations for the show cause
notice, the Business Licensing Authority--
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Part 3--Assessment schemes
(a) still believes the ground exists to cancel or
suspend the approval; and
(b) believes cancellation or suspension is
warranted.
5 (2) This section also applies if there are no accepted
representations for the show cause notice.
(3) The Business Licensing Authority may--
(a) if the proposed action was to cancel the
approval--cancel the approval or suspend
10 the approval for a period; or
(b) if the proposed action was to suspend
the approval for a period--suspend the
approval for not longer than that period.
(4) If the Business Licensing Authority decides to
15 cancel or suspend the approval of the assessment
scheme, the Business Licensing Authority must
give the assessment entity notice of the decision
and the reasons for the decision.
(5) The decision takes effect--
20 (a) on the day the notice is given to the
assessment entity; or
(b) if a later day is stated in the notice--on the
later day.
Division 3--Review by VCAT
25 52 Application for review by VCAT of refusal to grant
application
(1) An assessment entity may apply to VCAT for a
review of a decision under this Part--
(a) to refuse an application; or
30 (b) to suspend or cancel the approval of an
assessment scheme administered by the
assessment entity; or
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Part 3--Assessment schemes
(c) to grant an application with conditions.
(2) An application under subsection (1) must be made
within 28 days after the decision that is the subject
of the application.
5 Division 4--Record of assessment entities
53 Record of assessment entities
(1) The Business Licensing Authority must keep a
record stating each of the following--
(a) the name of each assessment entity;
10 (b) the contact details for the entity;
(c) the areas of engineering for which the entity
conducts an assessment scheme.
(2) The Business Licensing Authority must--
(a) publish the record on the Internet; and
15 (b) if asked by a person and on payment of the
prescribed fee (if any), give the person a
copy of all or part of the record.
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Part 4--Disciplinary proceedings in relation to registered engineers
Part 4--Disciplinary proceedings in
relation to registered engineers
Division 1--Preliminary
54 Application of Part
5 This Part applies to the following--
(a) a registered engineer;
(b) a person who is not a registered engineer, but
who was registered at the time of the conduct
that forms the ground for disciplinary action,
10 as if the person were a registered engineer.
Note
Section 64 provides that if a person's registration or
endorsement is suspended, the person is taken not to be
registered or endorsed (as the case may be) under this Act.
15 55 Grounds for disciplinary action
(1) Each of the following is a ground on which
disciplinary action may be taken in respect
of a registered engineer--
(a) the registered engineer has contravened--
20 (i) this Act or the regulations under this
Act; or
(ii) a prescribed Act or law or a prescribed
provision of a prescribed Act or law;
(b) the registered engineer has engaged in
25 unsatisfactory professional conduct;
(c) the registered engineer no longer meets the
eligibility criteria for an area of engineering
in respect of which the registered engineer
is registered;
30 (d) the registered engineer is not a fit and proper
person to provide professional engineering
services in an area of engineering in respect
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Part 4--Disciplinary proceedings in relation to registered engineers
of which the registered engineer is
registered;
(e) the registered engineer obtained registration,
or any required insurance, on the basis of
5 information or a document that was false or
misleading;
(f) the registered engineer has failed to comply
with a condition of the registered engineer's
registration;
10 (g) the registered engineer has failed to comply
with an undertaking given to the Director
under this Act, or to the Victorian Building
Authority under the Building Act 1993;
(h) the registered engineer has not paid a fee or
15 other amount required to be paid under--
(i) this Act or the regulations; or
(ii) a prescribed Act or law.
(2) The Director may make inquiries to determine
whether a ground exists for taking disciplinary
20 action under this Part.
Division 2--Show cause process
56 Show cause process for registered engineers
(1) The Director may, by notice in writing, require
a registered engineer to show cause why the
25 engineer should continue to be registered.
(2) The Director may issue a notice under
subsection (1) if the Director is of the opinion
that--
(a) there are reasonable grounds to believe that
30 a ground for disciplinary action against the
registered engineer exists; and
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Part 4--Disciplinary proceedings in relation to registered engineers
(b) if the ground for disciplinary action against
the registered engineer exists, cancellation of
the registered engineer's registration would
be appropriate in the circumstances.
5 (3) A notice under subsection (1) (a show cause
notice) must--
(a) be served personally on the registered
engineer; and
(b) state that the Director proposes to make an
10 application to VCAT for an order cancelling
the registered engineer's registration; and
(c) specify the ground for the proposed
application; and
(d) contain an outline of the facts and
15 circumstances forming the basis for the
ground for the proposed application; and
(e) state the time period within which the
registered engineer may respond to the
notice, that time period being not less than
20 21 days from the date of service of the notice
(the show cause period); and
(f) state what steps need to be taken by the
registered engineer to respond to the notice;
and
25 (g) state the consequences for the registered
engineer of not responding to the notice.
(4) Despite subsection (3)(a), if, on the application
of the Director, it appears to VCAT that service
cannot be promptly effected on a registered
30 engineer, VCAT may order that the notice be
served--
(a) by sending it by post, facsimile or other
electronic transmission to the registered
engineer at the engineer's usual or last
35 known residential or business address; or
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(b) by leaving it at the registered engineer's
usual or last known residential or business
address with a person on the premises who
is apparently at least 16 years old and
5 apparently residing or employed there.
57 Representations about show cause notice
(1) The registered engineer may--
(a) make written representations about the show
cause notice to the Director within the show
10 cause period; or
(b) make oral representations about the show
cause notice to the Director at the time
within the show cause period, and at the
place, agreed by the Director and the
15 registered engineer.
(2) The Director must keep a record of oral
representations made under subsection (1)(b).
58 Decision about whether to take disciplinary action
Within 28 days after the show cause period ends,
20 the Director must decide whether cancellation of
the registered engineer's registration would be
appropriate in the circumstances.
59 Ending show cause process without further action
If the Director no longer believes cancellation
25 of the registered engineer's registration would be
appropriate in the circumstances, the Director--
(a) must take no further action about the
show cause notice; and
(b) must revoke any suspension under
30 Division 3 of Part 6.2 of the Australian
Consumer Law and Fair Trading
Act 2012 that relates to the matter that is
the subject of the show cause notice; and
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Part 4--Disciplinary proceedings in relation to registered engineers
(c) must, as soon as practicable after making
its decision, give notice to the registered
engineer that no further action will be taken
about the show cause notice.
5 Division 3--VCAT may conduct
disciplinary proceedings
60 VCAT may conduct disciplinary proceeding
VCAT may, on application by the Director,
conduct a proceeding (a disciplinary proceeding)
10 to decide whether a disciplinary ground is
established.
61 Continuation of particular proceeding
If, after a disciplinary proceeding is started
against a person, the person ceases to be a
15 registered engineer, the proceeding may
continue under this Part.
62 Orders relating to registered engineer
(1) If VCAT decides that a disciplinary ground is
established in respect of a registered engineer,
20 VCAT may--
(a) make one or more of the orders mentioned
in subsection (2), (3) or (4); or
(b) take no action against the registered
engineer.
25 (2) VCAT may order the registered engineer to
pay a penalty of not more than the equivalent
of 200 penalty units.
(3) VCAT may also make one or more of the
following orders--
30 (a) an order reprimanding the registered
engineer;
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Part 4--Disciplinary proceedings in relation to registered engineers
(b) an order imposing a condition on the
registered engineer's registration including,
but not limited to, to submit to an audit of
the engineer's practice of engineering;
5 (c) an order varying a condition (other than a
prescribed condition) on the registered
engineer's registration;
(d) an order suspending or partially suspending
the registered engineer's registration for a
10 stated period;
(e) an order cancelling the registered engineer's
registration;
(f) an order disqualifying, indefinitely or for a
stated period, the registered engineer from
15 obtaining registration as a registered
engineer;
(g) an order directing the registered engineer--
(i) to do a specified thing, including to
rectify or complete specified building
20 work; or
(ii) not to do a specified thing;
(h) an order requiring the registered engineer to
successfully complete a specified course of
training within a specified period;
25 (i) an order requiring the registered engineer
to pay an amount to the Director as
compensation for all, or a part of, the
Director's reasonable costs of any
investigation about the matter the subject
30 of the proceeding, including the costs of
preparing for the proceeding.
(4) An order for payment of an amount under
subsection (2) or (3)(i) may direct that, if the
registered engineer does not pay the amount
35 within the period stated in the order, the
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Part 4--Disciplinary proceedings in relation to registered engineers
registered engineer's registration be suspended
until the amount is paid.
(5) If the registered engineer does not pay the
amount within the stated period, the registration
5 is suspended until the earlier of the following--
(a) the day the amount is paid;
(b) the day the registration expires.
(6) A suspension under subsection (5) takes effect
immediately after the end of the stated period.
10 63 Orders relating to former registered engineer
(1) This section applies if VCAT decides that a
disciplinary ground is established against a
person who is not a registered engineer at the
time of the decision.
15 (2) VCAT may decide--
(a) to take no action against the person; or
(b) to do one or more of the following--
(i) order the person to pay a stated penalty
of not more than the equivalent of
20 200 penalty units;
(ii) make an order reprimanding the person;
(iii) make an order disqualifying,
indefinitely or for a stated period,
the person from obtaining registration
25 as a registered engineer.
64 Consequences of suspension of registration
(1) While a person's registration as an engineer, or an
endorsement on that registration, is suspended, the
person is taken not to be registered or endorsed
30 (as the case may be) under this Act either wholly
or, if it is a partial suspension, in relation to the
matter specified in the suspension.
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(2) A person whose registration as an engineer
or whose endorsement on that registration
is suspended may apply for a renewal of that
registration or endorsement (as the case may be)
5 during the period of suspension but the renewed
registration or endorsement remains suspended,
either wholly or as a partial suspension (as the
case requires), in accordance with the terms
of the suspension, until the registration or
10 endorsement is cancelled or the suspension ends
or is revoked.
65 Effect of particular orders
If VCAT makes an order to disqualify a person,
the Business Licensing Authority must not--
15 (a) if the disqualification is indefinite--
re-register the person; or
(b) if the disqualification is for a stated period--
re-register the person during the period
stated in the order.
20 66 Recording details of orders
If VCAT makes an order about a person the order
may state--
(a) the period for which specified details of the
order are to be included in the Register for
25 the person; and
(b) the particular details of the order, if any, that
VCAT decides are not to be included in the
Register.
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Part 5--Offences
Part 5--Offences
67 Offence to provide professional engineering services
without registration
(1) A person must not provide professional
5 engineering services in a particular area
of engineering unless the person is--
(a) registered as a practising engineer in that
area; or
(b) providing the professional engineering
10 services under the direct supervision of a
person who is registered as a practising
engineer in that area.
Penalty: 500 penalty units.
(2) For the purposes of subsection (1), direct
15 supervision means that a person--
(a) directs another person in the carrying out of
professional engineering services; and
(b) oversees and evaluates the carrying out of
the services by the other person.
20 68 Offence to hold out to be registered or endorsed
without registration
(1) A person who is not registered as a practising
engineer in a particular area of engineering must
not represent that the person is able to provide
25 professional engineering services in that area of
engineering.
Penalty: 500 penalty units.
(2) A person who is not an endorsed building
engineer must not represent that the person is
30 an endorsed building engineer.
Penalty: 500 penalty units.
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(3) A person who is not registered as a non-practising
engineer must not represent that the person is
registered as a non-practising engineer.
Penalty: 500 penalty units.
5 69 Offence to provide false or misleading information
(1) A person must not give information to the
Business Licensing Authority, the Director, the
Victorian Building Authority, an inspector or an
assessment entity that the person knows or
10 believes to be false or misleading in a material
particular.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
15 300 penalty units.
(2) A person must not produce a document to an
inspector under this Act that the person knows
to be false or misleading in a material particular
without indicating the respect in which it is false
20 or misleading and, if practicable, providing
correct information.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
25 300 penalty units.
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Part 6--Enforcement
Part 6--Enforcement
Division 1--Preliminary
70 Inspector must produce identity card
An inspector must produce the inspector's identity
5 card for inspection--
(a) before exercising a power under this Part,
other than a power exercised by way of post;
and
(b) at any time during the exercise of a power
10 under this Part, if asked to do so.
Penalty: 12 penalty units.
Division 2--Inspection of documents and records
71 Documents to be available for inspection
(1) A registered engineer must, at all reasonable
15 times at each place at which the registered
engineer practises as a registered engineer, keep
all documents relating to the business available
for inspection by an inspector in a form in which
they can readily be inspected.
20 (2) An inspector may by written notice require a
person to produce documents relating to the
person's practice as a registered engineer or
endorsed building engineer.
(3) A notice under subsection (2) must state a time
25 for complying with the notice, being not less than
14 days from the date of the notice.
72 Powers on production of documents
If any documents are produced to an inspector
under this Division, the inspector may do any
30 one or more of the following--
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(a) inspect the documents or authorise a person
to inspect the documents;
(b) make copies of, or take extracts from, the
documents;
5 (c) seize the documents if the inspector--
(i) considers the documents necessary for
the purpose of obtaining evidence for
use in any proceedings or proposed
proceedings under this Act; or
10 (ii) believes on reasonable grounds that it
is necessary to seize the documents in
order to prevent their concealment,
loss or destruction or their use in the
contravention of this Act;
15 (d) secure any seized documents against
interference;
(e) retain possession of the documents.
73 Where must documents be produced?
An inspector may require a person to produce a
20 document--
(a) at the person's place of business; or
(b) at the office of the Director; or
(c) with the consent of the person, at any other
place.
25 74 Third parties to produce documents and answer
questions relating to professional engineering
services
(1) For the purpose of monitoring compliance with
this Act or the regulations, an inspector may
30 require any person who has possession, custody
or control of documents relating to the provision
of professional engineering services--
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(a) to answer, orally or in writing, any questions
put by the inspector relating to the provision
of professional engineering services; and
(b) to supply, orally or in writing, information
5 required by the inspector relating to the
provision of professional engineering
services; and
(c) to produce to the inspector specified
documents or documents of a specified class
10 relating to the provision of professional
engineering services.
(2) Subsection (1) does not permit a requirement to be
made of the Registrar of Titles.
75 Specified public bodies to answer questions and
15 supply information
(1) For the purpose of monitoring compliance with
this Act or the regulations, an inspector may
request that, within a time specified by the
inspector, a specified public body do either or
20 both of the following--
(a) answer, orally or in writing, any questions
put by the inspector relating to the provision
of professional engineering services;
(b) supply, orally or in writing, information
25 required by the inspector relating to the
provision of professional engineering
services.
(2) An inspector may only make a request under
subsection (1) with the written consent of the
30 Director.
(3) A specified public body other than the Chief
Commissioner must comply with a request under
subsection (1).
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(4) The Chief Commissioner must respond to a
request under subsection (1) and may, but is not
obliged to, comply with it.
(5) In this section--
5 public statutory authority means a body
established by or under an Act for a public
purpose;
specified public body means--
(a) a Department Head within the
10 meaning of the Public Administration
Act 2004; or
(b) a public statutory authority; or
(c) a municipal council; or
(d) the Chief Commissioner.
15 76 Certain other specified persons or bodies to answer
questions and supply information
(1) For the purpose of monitoring compliance with
this Act or the regulations, the Director or an
inspector may require a specified person or body
20 within a time specified by the Director or
inspector--
(a) to answer, orally or in writing, any questions
put by the inspector relating to the provision
of professional engineering services; and
25 (b) to supply, orally or in writing, information
required by the inspector relating to the
provision of professional engineering
services.
(2) An inspector can only make a requirement under
30 subsection (1) with the written consent of the
Director.
(3) A specified person or body must comply with a
requirement under subsection (1).
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(4) In this section, specified person or body means--
(a) a person who is a publisher of a publication;
or
(b) a person who is the owner or operator of a
5 broadcasting service; or
(c) a person who is the owner or operator of a
telecommunications service; or
(d) a person who is the owner or operator of a
postal service.
10 77 Specified persons to answer questions and supply
information
(1) For the purpose of monitoring compliance with
this Act or the regulations, an inspector, with
the written approval of the Director, may apply
15 to the Magistrates' Court for an order requiring
any person at a time and place specified by the
inspector--
(a) to answer, orally or in writing, any questions
put by the inspector relating to an engineer's
20 practice as a registered engineer; or
(b) to supply, orally or in writing, information
required by the inspector in relation to an
engineer's practice as a registered engineer.
(2) If the Magistrates' Court is satisfied on the basis
25 of evidence presented by the inspector that the
order is necessary for the purpose of monitoring
compliance with this Act or the regulations, the
Court may grant the order sought.
(3) An order under this section must state a date,
30 not later than 28 days after the making of the
order, on which the order ceases to have effect.
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(4) An inspector who executes an order under this
section must, as soon as practicable after that
execution, notify the Magistrates' Court in writing
of the time and place of execution of the order.
5 78 Service of documents
(1) A written requirement by an inspector under this
Division may be given personally or by registered
post to a person--
(a) at the last known place of business,
10 employment or residence of the person; or
(b) in the case of a body corporate, at the
registered office of the body corporate.
(2) A person who provides a document or
information in response to a requirement of
15 an inspector under this Division may send
that document or information to the Director
by registered post.
Division 3--Entry, search and seizure
79 Entry or search with consent
20 (1) For the purpose of monitoring compliance with
this Act or the regulations, an inspector, with the
consent of the occupier of the premises, may--
(a) enter and search the premises; and
(b) examine and seize any thing found on the
25 premises which the inspector believes on
reasonable grounds to be connected with a
contravention of this Act or the regulations;
and
(c) inspect and make copies of, or take extracts
30 from, any document found on the premises;
and
(d) make any still or moving image, audio
recording or audio-visual recording.
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(2) An inspector must not enter and search any
premises with the consent of the occupier unless,
before the occupier consents to that entry, the
inspector--
5 (a) has produced the inspector's identity card for
inspection; and
(b) has informed the occupier of the purpose of
the search and that--
(i) the occupier may refuse to give consent
10 to the entry and search or to the seizure
of any thing found during the search;
and
(ii) the occupier may refuse to consent to
the taking of any copy of, or extract
15 from, a document found on the
premises during the search; and
(iii) any thing seized or taken during
the search with the consent of the
occupier may be used in evidence
20 in proceedings.
(3) If an occupier consents to an entry and search,
the inspector who requested consent must,
before entering the premises, ask the occupier
to sign an acknowledgement stating the inspector
25 has complied with the requirements set out in
subsection (2).
(4) If an occupier consents to the seizure or taking of
any thing during a search under this section, the
inspector must, before seizing or taking the thing,
30 ask the occupier to sign an acknowledgement
stating--
(a) that the occupier has consented to the
seizure or taking of the thing; and
(b) the date and time that the occupier
35 consented.
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(5) An occupier who signs an acknowledgement must
be given a copy of the signed acknowledgement
before the inspector leaves the premises.
80 Entry without consent or warrant
5 (1) Subject to subsection (2), for the purpose of
monitoring compliance with this Act or the
regulations, an inspector may do all or any
of the following--
(a) enter and search, at any time during the
10 normal business hours of the business
being conducted at the premises--
(i) any premises at which a business
is being conducted that provides
professional engineering services; and
15 (ii) any premises, at which the inspector
reasonably believes there are records
or documents, or a person working at
the premises who knows information,
relevant to the conduct of a business
20 referred to in subparagraph (i);
(b) seize or secure against interference
any thing that the inspector believes
on reasonable grounds to be connected
with a contravention of this Act or the
25 regulations that is found in or on premises
referred to in paragraph (a);
(c) inspect and make copies of, or take
extracts from, any document kept in or on,
or accessible from, premises referred to in
30 paragraph (a);
(d) require a person to produce a document or
part of a document located at the premises
referred to in paragraph (a);
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(e) require a person at the premises referred to
in paragraph (a) to answer any questions put
by the inspector;
(f) make any still or moving image, audio
5 recording or audio-visual recording at or
of premises referred to in paragraph (a);
(g) bring any equipment onto the premises
that the inspector believes on reasonable
grounds is necessary for the examination or
10 processing of things (including documents)
found at the premises in order to determine
whether they are things that may be seized
under this section.
(2) An inspector may enter and search premises under
15 subsection (1) with the assistance of any person
necessary to provide technical assistance to the
inspector.
(3) A person must not, without reasonable excuse,
refuse or fail to comply with a requirement under
20 subsection (1).
Penalty: In the case of a natural person,
150 penalty units;
In the case of a body corporate,
750 penalty units.
25 (4) For the purposes of subsection (1), premises
excludes any part of a place of business which is
the permanent place of residence of a person
referred to in subsection (1)(a)(i).
81 Use or seizure of electronic equipment at premises
30 (1) If an inspector, during a search under section 80--
(a) finds a thing at the premises that is or
includes a disc, tape or other device for the
storage of information; and
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(b) there is at the premises equipment that may
be used with the disc, tape or other storage
device; and
(c) the inspector believes on reasonable grounds
5 that information stored in the disc, tape or
other storage device may be relevant to
determine whether this Act or the regulations
have been complied with--
the inspector may operate, or may require the
10 occupier of the premises or an employee of the
occupier to operate, the equipment to access the
information.
(2) If the inspector believes on reasonable grounds
that a disc, tape or other storage device at the
15 premises contains, stores or is otherwise used in
the transmission of information that is relevant to
determine whether this Act or the regulations have
been complied with, the inspector may--
(a) put the information in a documentary form
20 and seize the documents so produced; or
(b) copy the information to another disc, tape or
other storage device and remove that disc,
tape or storage device from the premises; or
(c) if it is not practicable to put the information
25 in a documentary form or to copy the
information, seize the disc, tape or other
storage device and the equipment that
enables the information to be accessed.
(3) An inspector must not operate or seize equipment
30 for a purpose set out in this section unless the
inspector believes on reasonable grounds that the
operation can be carried out without damage to
the equipment.
35
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82 Search warrants
(1) An inspector may apply to a magistrate for the
issue of a search warrant in relation to particular
premises if the inspector believes on reasonable
5 grounds that--
(a) there is, or may be within the next 72 hours,
on the premises evidence that a person may
have contravened this Act or the regulations;
or
10 (b) there is evidence in a digital or electronic
form that a person may have contravened
this Act or the regulations which is
accessible on the premises.
(2) An application under subsection (1) must not be
15 made without the written approval of the Director.
(3) If a magistrate is satisfied by evidence, on oath
or by affidavit, that there are reasonable grounds
to believe that--
(a) there is, or may be within the next
20 72 hours, on the premises a thing, or a
thing of a particular kind, connected with a
contravention of this Act or the regulations;
or
(b) there is information in digital or electronic
25 format connected with a contravention of
this Act or the regulations that is accessible
from the premises--
the magistrate may issue the search warrant in
accordance with the Magistrates' Court
30 Act 1989.
83 Form and content of search warrants
(1) A search warrant issued under section 82(3)
may authorise the inspector named in the warrant
together with a police officer or any other person
35 or persons named or otherwise identified in the
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warrant and with any necessary equipment to do
any of the following--
(a) to enter the premises specified in the
warrant, by force if necessary;
5 (b) if the inspector believes on reasonable
grounds that a thing, or thing of a particular
kind, named or described in the warrant is
connected with a contravention of this Act
or the regulations--
10 (i) to search for the thing; and
(ii) to seize the thing; and
(iii) to secure the thing against interference;
and
(iv) to examine and inspect the thing; and
15 (v) to make copies of, or take extracts
from, the thing;
(c) to make an image of the hard drive of a
computer, or a computer of a particular kind,
named or described in the warrant, if the
20 inspector believes on reasonable grounds that
information contained on the hard drive is
connected with the alleged contravention;
(d) in the case of information in electronic or
digital format described in the warrant that is
25 accessible from the premises, if the inspector
believes on reasonable grounds that the
information is connected with the alleged
contravention--
(i) to access the information via any
30 computer or other electronic device
located on the premises; and
(ii) to download or make an electronic copy
of that information; and
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(iii) to make or produce a physical copy of
that information;
(e) to make any still or moving image, audio
recording or audio-visual recording of any
5 thing of a particular kind named or described
in the warrant, if the inspector believes on
reasonable grounds that it is connected with
the alleged contravention.
(2) A search warrant issued under section 82(3) must
10 state--
(a) the purpose for which the search is required;
and
(b) any condition to which the warrant is
subject; and
15 (c) whether entry is authorised to be made
at any time of the day or night or during
specified hours of the day or night; and
(d) a day, not later than 28 days after the issue
of the warrant, on which the warrant ceases
20 to have effect.
(3) Except as provided by this Act, the rules to be
observed with respect to search warrants under
the Magistrates' Court Act 1989 extend and
apply to warrants issued under section 82(3).
25 84 Warrant may authorise the giving of a direction
requiring assistance from person with knowledge of
a computer or other electronic device
(1) This section applies if a magistrate is satisfied
by evidence, on oath or by affidavit, that there
30 are reasonable grounds to believe that there is
information in digital or electronic format
connected with a contravention of this Act or
the regulations that is accessible from particular
premises.
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(2) Subject to subsection (3), a warrant issued by the
magistrate under section 82(3) may authorise the
inspector named in the warrant to require a person
to provide any information or assistance that is
5 reasonable and necessary to allow the inspector or
another person to do one or more of the following
things--
(a) to access information held in, or accessible
from, any computer or other electronic
10 device located on the premises;
(b) to download or make an electronic copy of
that information;
(c) to make or produce a physical copy of that
information.
15 (3) The inspector may require a person to provide
the information or assistance referred to in
subsection (2) if the person--
(a) is one of the following--
(i) the person alleged to have contravened
20 this Act or the regulations;
(ii) the owner or lessee of the computer or
other electronic device;
(iii) an employee of the owner or lessee of
the computer or electronic device;
25 (iv) a person engaged under a contract for
services by the owner or lessee of the
computer or electronic device; and
(b) has relevant knowledge of--
(i) the computer or electronic device or
30 a computer network of which the
computer or device forms or formed
part; or
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(ii) measures applied to protect
information held in, or accessible
from, the computer or electronic
device.
5 85 Announcement before entry
(1) On executing a search warrant issued under
section 82(3), the inspector named in the
warrant--
(a) must announce that the inspector is
10 authorised by the warrant to enter the
premises; and
(b) if the inspector has been unable to obtain
unforced entry, must give any person at the
premises an opportunity to allow entry to the
15 premises.
(2) An inspector is not required to comply with
subsection (1) if the inspector believes on
reasonable grounds that immediate entry to
the premises is required to ensure--
20 (a) the safety of any person; or
(b) that the effective execution of the search
warrant is not frustrated.
(3) If the occupier is present at premises where a
search warrant is being executed, the inspector
25 must--
(a) produce the inspector's identity card to the
occupier; and
(b) give to the occupier a copy of the warrant.
(4) If the occupier is not present at premises where a
30 search warrant is being executed, the inspector
must--
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(a) produce the inspector's identity card to a
person (if any) at the premises; and
(b) give to the person a copy of the warrant.
86 Seizure of things not mentioned in the warrant
5 A search warrant issued under section 82(3)
authorises an inspector executing the search
warrant, in addition to the seizure of any thing
of the kind described in the warrant, to seize any
thing which is not of the kind described in the
10 warrant if--
(a) the inspector believes, on reasonable
grounds, that the thing--
(i) is of a kind which could have been
included in a search warrant issued
15 under this Division; or
(ii) is evidence of a contravention of this
Act or the regulations; and
(b) in the case of seizure, the inspector believes,
on reasonable grounds, that it is necessary
20 to seize that thing in order to prevent its
concealment, loss or destruction or its use
in the contravention of this Act or the
regulations.
87 Embargo notice
25 (1) An inspector executing a search warrant who
is authorised by that warrant to seize any thing
may, if the thing cannot, or cannot readily, be
physically seized and removed, issue a notice
in the prescribed form--
30 (a) by causing a copy of the notice to be served
on the occupier; or
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(b) if the occupier cannot be located after all
reasonable steps have been taken to do so,
by attaching a copy of the notice to the thing
in a prominent position.
5 (2) Subject to subsection (3), a person who knows
that a notice relates to a thing must not, without
the written consent of the inspector who issued
the notice, sell, lease, transfer, move, dispose of
or otherwise deal with the thing or any part of
10 the thing.
Penalty: 60 penalty units.
(3) Subsection (2) does not apply to a person who
moved the thing or the part of the thing for the
purpose of protecting and preserving it.
15 (4) Despite anything in any other Act, a sale,
lease, transfer or other dealing with a thing
in contravention of this section is void.
88 Inspector may monitor compliance with embargo
notice
20 (1) For the purpose of monitoring compliance with
an embargo notice, an inspector, with the written
approval of the Director, may apply to the
Magistrates' Court for--
(a) an order requiring the owner of the thing
25 to which an embargo notice relates, or the
occupier of the premises where the thing is
kept or required under the notice to be kept,
to answer questions or produce documents at
a time and place specified by the inspector;
30 and
(b) any other order incidental to, or necessary
for, monitoring compliance with the
embargo notice or with section 87(2).
(2) The Magistrates' Court may make the order sought
35 under subsection (1)(a) or (b).
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89 Search warrants in relation to embargo notice
(1) If a thing is subject to an embargo notice, an
inspector, with the written approval of the
Director, may apply to a magistrate for the
5 issue of a search warrant permitting entry to the
premises where the thing is kept or required to be
kept for the purposes of monitoring compliance
with an embargo notice.
(2) The magistrate may issue the search warrant
10 in accordance with the Magistrates' Court
Act 1989 if the magistrate is satisfied by evidence,
on oath or by affidavit, of the inspector that the
warrant is necessary for the effective monitoring
of compliance with an embargo notice.
15 (3) A search warrant issued under subsection (2) may
authorise the inspector, together with any other
person or persons named or otherwise identified in
the warrant and with any necessary equipment--
(a) to enter the premises specified in the
20 warrant, by force if necessary; and
(b) to search for, seize and secure against
interference the thing named in the warrant.
(4) Except as provided by this Act, the rules to be
observed with respect to search warrants under the
25 Magistrates' Court Act 1989 extend and apply to
search warrants issued under subsection (2).
90 Retention and return of seized documents or things
(1) If an inspector retains possession of a document
seized from a person under this Division, the
30 inspector must, within 21 days after the seizure,
give the person a copy of the document certified
as correct by the inspector.
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(2) A copy of a document certified under
subsection (1) must be received in all courts,
tribunals and VCAT to be evidence of equal
validity to the original.
5 (3) If an inspector seizes a document or other
thing under this Division, the inspector must
take reasonable steps to return the document or
thing to the person from whom it was seized if
the reason for its seizure no longer exists.
10 (4) If a document or thing seized by an inspector
under this Division has not been returned within
3 months after it was seized, the inspector must
take reasonable steps to return it unless--
(a) proceedings for the purpose for which
15 the document or thing was retained have
commenced within that 3-month period
and those proceedings (including any
appeal) have not been completed; or
(b) the Magistrates' Court makes an order under
20 section 91 extending the period during which
the document or thing may be retained.
91 Magistrates' Court may extend 3-month period
(1) An inspector may apply to the Magistrates' Court
for an extension (not exceeding 3 months) of the
25 period during which a seized document or thing
may be retained--
(a) within 3 months after the document or thing
is seized under this Division; or
(b) if an extension has been granted under this
30 section, before the end of the period of the
extension.
(2) The Magistrates' Court may make an order
extending the period if it is satisfied that the total
period of retention does not exceed 12 months
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and retention of the document or other thing is
necessary--
(a) for the purposes of an investigation into
whether a contravention of this Act or the
5 regulations has occurred; or
(b) to enable evidence of a contravention of this
Act or the regulations to be obtained for the
purposes of a proceeding under this Act.
(3) The Magistrates' Court may adjourn an
10 application to enable notice of the application
to be given to any person.
92 Requirement to assist inspector during entry
(1) An inspector exercising a power of entry under
this Division may require the occupier of the
15 premises or an agent or employee of the occupier
to do any one or more of the following--
(a) give information to the inspector, orally or
in writing;
(b) produce documents to the inspector;
20 (c) give reasonable assistance to the inspector.
(2) A person must not, without reasonable excuse,
fail to comply with a requirement of an inspector
under this section.
Penalty: 60 penalty units.
25 93 Protection against self-incrimination
(1) It is a reasonable excuse for a natural person to
refuse or fail to give information, or do any other
thing that the person is required to do, under this
Part if the giving of the information or the doing
30 of the thing would tend to incriminate the person.
(2) Despite subsection (1), it is not a reasonable
excuse for a natural person to refuse or fail to
produce a document that the person is required
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to produce under this Part if the production of
the document would tend to incriminate the
person.
(3) Despite subsection (1), it is not a reasonable
5 excuse for a natural person to refuse or fail to
provide information or assistance that a person
is required under section 84 to provide, if the
provision of the information or assistance would
tend to incriminate the person.
10 94 Refusal or failure to comply with requirement
A person must not, without reasonable excuse,
refuse or fail to comply with a requirement of an
inspector or the Director under this Part.
Penalty: 60 penalty units.
15 95 Confidentiality
(1) An inspector must not, except to the extent
necessary to carry out the inspector's functions
under this Part, give to any other person, whether
directly or indirectly, any information acquired by
20 the inspector in carrying out those functions.
Penalty: 60 penalty units.
(2) Subsection (1) does not apply to the giving of
information--
(a) to a court or tribunal in the course of legal
25 proceedings; or
(b) under an order of a court or tribunal; or
(c) to the extent reasonably required to enable
the investigation or the enforcement of a law
of this State or of any other State or of a
30 Territory or of the Commonwealth; or
(d) to the Business Licensing Authority; or
(e) to the Director; or
(f) to the Victorian Building Authority; or
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(g) with the written authority of the Director; or
(h) with the written authority of the person to
whom the information relates.
96 Infringements
5 (1) An inspector may serve an infringement notice on
a person in respect of a prescribed offence if the
inspector has reason to believe that the person
committed the offence.
(2) A prescribed offence is an infringement offence
10 within the meaning of the Infringements
Act 2006.
(3) The infringement penalty for an offence referred
to in subsection (1) is the prescribed penalty in
respect of the offence.
15 97 Complaints
(1) A person may complain to the Director about the
exercise of a power by an inspector under this
Part.
(2) The Director must investigate any complaint
20 received under this section and provide a written
report on the results of the investigation to the
complainant.
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Part 7--General
Part 7--General
98 Application of Australian Consumer Law and Fair
Trading Act 2012
(1) Sections 125, 126, 152, 172, 173, 176 and 178
5 of the Australian Consumer Law and Fair
Trading Act 2012 apply (with any necessary
modifications) in relation to the exercise or
attempted exercise of a power of an inspector
under Part 6 of this Act as if any reference in
10 those sections to Part 6.4 of that Act were a
reference to Part 6 of this Act.
(2) Sections 195 and 196 and Part 8.2 (except
section 213) of the Australian Consumer Law
and Fair Trading Act 2012 extend and apply
15 (with any necessary modifications) to this Act
and any regulations made under this Act as if any
reference in those provisions to the Australian
Consumer Law and Fair Trading Act 2012
were a reference to this Act and any regulations
20 made under this Act.
(3) For the purposes of subsection (2)--
(a) section 210 of the Australian Consumer
Law and Fair Trading Act 2012 applies
as if a reference in that section to Part 3.1,
25 4.1 or 6.3 of the Australian Consumer
Law and Fair Trading Act 2012 were a
reference to this Act and any regulations
made under this Act; and
(b) section 212 of the Australian Consumer
30 Law and Fair Trading Act 2012 applies as
if a reference to prescribed proceedings were
a reference to--
(i) a proceeding for an offence against a
provision of this Act or any regulations
35 made under this Act; or
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(ii) proceedings on an application for
an injunction under section 201, 202,
or 203 of the Australian Consumer
Law and Fair Trading Act 2012
5 (as applied by subsection (2)) against a
person alleged to have contravened a
provision of this Act or any regulations
made under this Act; or
(iii) proceedings on an application for
10 an order under section 216, or for
damages under section 217, of the
Australian Consumer Law and Fair
Trading Act 2012 (as applied by
subsection (2)).
15 99 Who may commence proceedings?
(1) Proceedings for an offence against this Act or the
regulations may only be commenced by--
(a) the Director; or
(b) a person authorised by the Director for the
20 purposes of this section.
(2) In any proceeding commenced for an offence
against this Act it must be presumed, in the
absence of evidence to the contrary, that the
person commencing the proceeding was
25 authorised to do so.
100 Service of documents
A document required to be served on a
registered engineer under this Act or the
regulations (other than a written requirement
30 served by an inspector under section 78) may
be served--
(a) by giving it personally to the engineer; or
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(b) by sending it by registered post to the
engineer's last known--
(i) address, as stated on the Register of
Professional Engineers; or
5 (ii) principal place of business; or
(c) by leaving it at the registered engineer's
usual or last known residence or business
address with a person on the premises who
is apparently at least 16 years old and
10 apparently residing or employed there; or
(d) in any other prescribed manner.
101 Extension of time for prosecutions
Despite anything to the contrary in any Act, a
proceeding for an offence against this Act may be
15 commenced within the later of--
(a) 3 years after the date on which the offence is
alleged to have been committed; or
(b) 2 years after the date on which the Director
is first made aware that the offence is alleged
20 to have been committed, but not more than
10 years after the date on which the offence
is alleged to have been committed.
102 Review of operation of Act
(1) The Minister must cause a review of the operation
25 of this Act to be conducted.
(2) The review must be conducted in the fourth year
of the operation of the Act and be a review of the
first 3 years of operation of the Act.
(3) On completing the review, the Minister must
30 cause a report of the review to be tabled before
each House of the Parliament.
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103 Regulations
(1) The Governor in Council may make regulations
for or with respect to the following--
(a) matters relating to assessment schemes,
5 qualifications and competencies;
(b) requirements in relation to the continuing
professional development of registered
engineers;
(c) prescribing conditions on registration or
10 endorsement of registration;
(d) prescribing infringement offences and
infringement penalties for the purposes of
section 96;
(e) prescribing penalties for contraventions of
15 the regulations, not exceeding--
(i) 20 penalty units in the case of a natural
person; and
(ii) 100 penalty units in the case of a
corporation;
20 (f) any other matter or thing required or
permitted by this Act to be prescribed or
necessary to be prescribed to give effect to
this Act.
(2) The regulations--
25 (a) may be of general or limited application; and
(b) may differ according to differences in time,
place or circumstances; and
(c) may apply, adopt or incorporate any matter
contained in any document, whether wholly
30 or partially or as amended by the regulations
or as in force at a particular time or as in
force from time to time; and
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(d) may confer a discretionary authority or
impose a duty on specified persons or bodies
or specified classes of persons or bodies; and
(e) may provide in specified cases or classes of
5 cases for the exemption of persons or things
or classes of persons or things from any of
the provisions of the Act or the regulations,
whether unconditionally or on specified
conditions and either wholly or to such an
10 extent as is specified.
(3) Regulations with respect to fees or refunds of
fees--
(a) may provide for different fees for different
classes of--
15 (i) application for registration or
endorsement; and
(ii) application for a renewal of registration
or endorsement; and
(iii) registration or endorsement; and
20 (b) may provide for fees that vary according
to the period of time for which a registration
or endorsement is granted or renewed; and
(c) may provide for the means of payment of
fees or refunds.
25 104 Transitional regulations
(1) The Governor in Council may make regulations
containing provisions of a savings or transitional
nature consequent on the enactment of this Act.
(2) A provision mentioned in subsection (1) may be
30 retrospective in operation to the commencement
of this Act.
(3) Regulations made under this section have effect
despite anything to the contrary in any Act
(other than this Act or the Charter of Human
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Part 7--General
Rights and Responsibilities) or in any subordinate
instrument.
(4) This section expires on 1 July 2022.
105 Certain provisions of the Subordinate Legislation
5 Act 1994 not to apply
Sections 6 and 7 of the Subordinate Legislation
Act 1994 do not apply to regulations made under
section 104.
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Part 8--Savings, consequential and transitional provisions
Part 8--Savings, consequential and
transitional provisions
Division 1--Transitional provisions
106 Definitions
5 In this Part--
building practitioner has the same meaning as
it had in the Building Act 1993 immediately
before the commencement of Division 3;
commencement day means the day on which
10 Part 2 comes into operation.
107 Certain building practitioners deemed to be
registered engineers until registration expires
(1) A natural person who was registered as a building
practitioner under the Building Act 1993 in a
15 class of registration in the category of engineer
on that day--
(a) is taken to be an endorsed building engineer
until the person's registration under the
Building Act 1993 expires; and
20 (b) is subject to any code of conduct,
disciplinary action, proceedings or other
matters that applied to the registration under
the Building Act 1993 immediately before
the commencement day; and
25 (c) is taken to have the required qualifications
and experience for an endorsed building
engineer for a period of 5 years,
commencing on the commencement day.
(2) The following provisions of this Act apply to
30 a deemed registration and endorsement under
subsection (1) in the same way as they apply to a
registration or endorsement under this Act--
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(a) section 18;
(b) section 22.
Division 2--Amendments to the Business
Licensing Authority Act 1998
5 108 Definitions
In section 3 of the Business Licensing Authority
Act 1998, in the definition of business licensing
Act, after paragraph (ab) insert--
"(ac) the Engineers Registration Act 2018; or".
10 109 Constitution of Authority
After section 5(1)(a) of the Business Licensing
Authority Act 1998 insert--
"(b) at least one person appointed by the
Governor in Council who has qualifications
15 and experience in the field of engineering;
and".
110 Functions of Authority
In section 6(a) of the Business Licensing
Authority Act 1998, before subparagraph (ii)
20 insert--
"(i) the Engineers Registration Act 2018;".
111 Consultants
After section 8(2) of the Business Licensing
Authority Act 1998 insert--
25 "(3) The Business Licensing Authority may
engage the Chief Engineer of the Office
of Projects Victoria under this section to
provide advice in relation to the Business
Licensing Authority's functions and duties
30 under the Engineers Registration
Act 2018.".
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Part 8--Savings, consequential and transitional provisions
Division 3--Amendments to the Building Act 1993
112 Definitions
In section 3(1) of the Building Act 1993--
(a) in the definition of building practitioner--
5 (i) omit paragraph (d);
(ii) after paragraph (j) insert--
"(k) an endorsed building engineer;";
(b) insert the following definitions--
"endorsed building engineer has the same
10 meaning as it has in the Engineers
Registration Act 2018;
professional engineering service has
the same meaning as it has in the
Engineers Registration Act 2018;".
15 113 Offences relating to carrying out building work
(1) In section 16(4) of the Building Act 1993, after
"building practitioner" insert ", an endorsed
building engineer".
(2) In section 16(5) of the Building Act 1993, after
20 "building practitioner" insert ", endorsed building
engineer".
114 Specification of builders in relation to specific
building work
(1) In section 24B(2) of the Building Act 1993--
25 (a) in paragraph (c), for "1991." substitute
"1991;";
(b) after paragraph (c) insert--
"(d) an endorsed building engineer.".
(2) In section 24B(3) of the Building Act 1993--
30 (a) in paragraph (c), for "architect." substitute
"architect; or";
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(b) after paragraph (c) insert--
"(d) an endorsed building engineer.".
115 Notice of ending of engagement of builder
In section 25A(1) of the Building Act 1993,
5 after "building practitioner" insert ", an endorsed
building engineer".
116 Notice to relevant building surveyor of subsequent
engagement of builder
(1) In section 25AB(1)(b) of the Building Act 1993,
10 after "building practitioner" insert ", an endorsed
building engineer".
(2) In section 25AB(3)(a) of the Building Act 1993,
after "building practitioner's registration number"
insert ", the name of the endorsed building
15 engineer and the endorsed building engineer's
number".
117 Suspension of building permit
After section 25AE(1)(b) of the Building
Act 1993 insert--
20 "(ba) if the builder named in the building permit is
an endorsed building engineer--
(i) the endorsed building engineer's
registration as an engineer is suspended
or cancelled under the Engineers
25 Registration Act 2018; or
(ii) the endorsed building engineer's
endorsement to act as a registered
engineer who is authorised to engage
in the building industry is suspended
30 or cancelled under the Engineers
Registration Act 2018; or".
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118 Immunity for Commissioners and staff
In section 127(1)(a) and (b) of the Building
Act 1993, after "the regulations" insert "or the
Engineers Registration Act 2018 or regulations
5 made under that Act".
119 Immunity for building surveyor relying on
certificate
In section 128 of the Building Act 1993, after
"building practitioner" insert "or endorsed
10 building engineer".
120 Order requiring insurance
(1) In section 135(1)(a) of the Building Act 1993,
after "category of building practitioners" insert
"or any persons in a specified category or class of
15 engineers engaged in the building industry".
(2) In section 135(7)(g) of the Building Act 1993,
after "practitioner" insert "or an engineer engaged
in the building industry".
121 Offence to work as building practitioner without
20 required insurance
(1) Insert the following heading to section 136 of the
Building Act 1993--
"Offence to work as building practitioner or
engineer without required insurance".
25 (2) After section 136(3) of the Building Act 1993
insert--
"(4) A person must not practise as an engineer
engaged in the building industry unless the
person is covered by the required insurance.
30 Penalty: 500 penalty units, in the case of a
natural person;
2500 penalty units, in the case of a
body corporate.".
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122 Offence to claim to be insured when uninsured
In section 137 of the Building Act 1993, after
"practitioner" insert "or engineer engaged in the
building industry,".
5 123 Offence for owner-builder to sell building without
report or insurance
(1) After section 137B(1)(a)(ii) of the Building
Act 1993 insert--
"(iii) an endorsed building engineer; or".
10 (2) In section 137B(7) of the Building Act 1993,
in the definition of prescribed building
practitioner--
(a) in paragraph (b), for ", building inspector
or an engineer" substitute "or a building
15 inspector";
(b) after paragraph (b) insert--
"(ba) an endorsed building engineer; or".
124 New section 169K inserted
After section 169J of the Building Act 1993
20 insert--
"169K Offences for unregistered engineers
(1) An engineer engaged in the building
industry must not act as a prescribed building
practitioner under section 137B unless the
25 engineer is an endorsed building engineer.
Penalty: 500 penalty units.
(2) An engineer engaged in the building industry
must not give a certificate under section 238
unless the engineer is an endorsed building
30 engineer.
Penalty: 500 penalty units.".
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125 Registered building practitioner to produce
certificate of registration for inspection
(1) In the heading to section 176A of the
Building Act 1993, after "practitioner" insert
5 "or endorsed building engineer".
(2) In section 176A of the Building Act 1993,
after "A registered building practitioner" insert
"or endorsed building engineer".
126 New section 177E inserted
10 In Subdivision 1 of Division 3 of Part 11 of the
Building Act 1993, before section 178 insert--
"177E Application of Division to endorsed
building engineers
This Division applies (with any necessary
15 modifications) to an endorsed building
engineer--
(a) as if a reference to a registered building
practitioner were a reference to an
endorsed building engineer; and
20 (b) as if a reference to the registration of a
registered building practitioner were a
reference to the endorsement of the
registration (within the meaning of the
Engineers Registration Act 2018) of
25 an endorsed building engineer; and
(c) as if a reference to practising as a
building practitioner were a reference
to practising as an engineer engaged in
the building industry.".
30 127 Grounds for disciplinary action
In section 179(1)(a) of the Building Act 1993--
(a) in subparagraph (iii), for "provision of
a prescribed Act or law;" substitute
"provision of a prescribed Act or law; or";
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(b) after subparagraph (iii) insert--
"(iv) the Engineers Registration Act 2018
or the regulations under that Act;".
128 New section 184A inserted
5 After section 184 of the Building Act 1993
insert--
"184A Application of Division to endorsed
building engineers
This Division applies (with any necessary
10 modifications) to an endorsed building
engineer as if a reference to a reviewable
decision were a reference to any of the
following decisions under this Act--
(a) a decision to impose conditions
15 (other than prescribed conditions) on
the endorsement of the registration
(within the meaning of the Engineers
Registration Act 2018) of an endorsed
building engineer;
20 (b) a decision to immediately suspend
the endorsement of the registration
(within the meaning of the Engineers
Registration Act 2018) of an endorsed
building engineer;
25 (c) a decision by the Authority to take
disciplinary action;
(d) another decision prescribed by the
regulations as being a decision for
which a person may apply for internal
30 review or review by VCAT under this
Division.".
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129 Grounds on which disciplinary action may be taken
After section 221ZZZG(1)(b) of the Building
Act 1993 insert--
"(ba) the person has contravened the Engineers
5 Registration Act 2018 or the regulations
under that Act;".
130 Building surveyor may rely on certificate by other
registered building practitioner
(1) Insert the following heading to section 238 of the
10 Building Act 1993--
"Building surveyor may rely on certificate
by other registered building practitioner or
endorsed building engineer".
(2) In section 238(1) of the Building Act 1993, after
15 "practitioners" insert "or an endorsed building
engineer".
(3) In section 238(2) of the Building Act 1993--
(a) for "practitioner must" substitute
"practitioner or an endorsed building
20 engineer must"; and
(b) for "practitioner has" substitute
"practitioner or endorsed building
engineer (as the case may be) has".
Division 4--Amendments to the Domestic Building
25 Contracts Act 1995
131 Building work to which this Act does not apply
In section 6(1)(e) of the Domestic Building
Contracts Act 1995, for "an engineer or
draftsperson" substitute "a draftsperson or an
30 endorsed building engineer within the meaning
of the Engineers Registration Act 2018".
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132 What is a domestic building work dispute?
After section 44(1)(b) of the Domestic Building
Contracts Act 1995 insert--
"(ba) an engineer engaged in the building industry;
5 or".
133 Who may be appointed as an assessor?
After section 48(1)(b) of the Domestic Building
Contracts Act 1995 insert--
"(ba) an endorsed building engineer within the
10 meaning of the Engineers Registration
Act 2018;".
134 What is a domestic building dispute?
(1) In section 54(1)(a) of the Domestic Building
Contracts Act 1995--
15 (a) in subparagraph (iv), for "architect--"
substitute "architect; or";
(b) after subparagraph (iv) insert--
"(v) an engineer engaged in the building
industry--".
20 (2) In section 54(1)(b) of the Domestic Building
Contracts Act 1995--
(a) in subparagraph (iv), for "insurer--"
substitute "insurer; or";
(b) after subparagraph (iv) insert--
25 "(v) an engineer engaged in the building
industry--".
(3) In section 54(1)(c) of the Domestic Building
Contracts Act 1995--
(a) in subparagraph (ii), for "as an engineer
30 or draftsperson--" substitute "as a
draftsperson; or";
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(b) after subparagraph (ii) insert--
"(iii) an endorsed building engineer
within the meaning of the Engineers
Registration Act 2018--";
5 (c) after "the architect" insert ", endorsed
building engineer".
Division 5--Amendments to the Australian
Consumer Law and Fair Trading Act 2012
135 Definitions
10 In section 3(1) of the Australian Consumer Law
and Fair Trading Act 2012--
(a) in paragraph (e) of the definition of licence,
for "1989;" substitute "1989; or";
(b) after paragraph (e) of the definition of
15 licence, insert--
"(f) a registration as an engineer under the
Engineers Registration Act 2018;".
136 Effect of suspension
After section 121(7) of the Australian Consumer
20 Law and Fair Trading Act 2012 insert--
"(8) If a notice is issued under this Division
suspending an engineer's registration under
the Engineers Registration Act 2018--
(a) the registration is taken, for the
25 purposes of that Act, to be suspended
during the licence suspension period;
and
(b) in the case of a suspended registration,
the engineer is prohibited from
30 providing professional engineering
services in an area of engineering
(other than under the direct supervision
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of a registered engineer) during the
licence suspension period.".
137 Schedule 1 to the Australian Consumer Law and
Fair Trading Act 2012
5 In Schedule 1 to the Australian Consumer
Law and Fair Trading Act 2012, after
"Domestic Building Contracts Act 1995",
insert--
"Engineers Registration Act 2018".
10 Division 6--Repeal of amending Divisions
138 Repeal of amending Divisions
This Division and Divisions 2, 3, 4 and 5 are
repealed on the first anniversary of the day on
which all of these Divisions have come into
15 operation.
═════════════
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Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
By Authority. Government Printer for the State of Victoria.
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