Victorian Current Acts

BUILDING ACT 1993 - SECT 205B

    (1)     Subject to subsection (2), there must be paid out of the Building account—

        (a)     any amounts required to enable the Authority to carry out its functions; and

        (b)     any amounts authorised by the Minister to be paid for a purpose relating to the building industry and approved by the Minister; and

        (c)     any costs and expenses incurred by the Authority in administering or enforcing this Act or the regulations, including, but not limited to—

              (i)     the remuneration and allowances of the Commissioners; and

S. 205B(1)
(c)(ii) amended by Nos 15/2016 s. 18(9), 3/2020 s. 26(5).

              (ii)     the remuneration and allowances of members of the Building Appeals Board and the Building Regulations Advisory Committee; and

              (iii)     the costs incurred in appointing or engaging any person for the purposes of this Act or the regulations; and

S. 205B(1)(ca) inserted by No. 21/2017 s. 82(1).

        (ca)     the costs and expenses of VCAT in relation to proceedings under this Act; and

S. 205B(1)(d) amended by No. 21/2017 s. 96(2).

        (d)     in accordance with subsection (4), any costs and expenses incurred in the administration of the Domestic Building Contracts Act 1995 or the regulations under that Act, including , but not limited to , the costs and expenses of VCAT in relation to proceedings under that Act; and

        (e)     any other amounts authorised to be paid out of the Building account by or under this or any other Act.

S. 205B(2) amended by No. 43/2019 s. 13.

    (2)     Subsection (1) does not apply to any purpose for which amounts are required to be paid out of the Plumbing account under section 205D or the Cladding Safety Victoria account under section 205DB.

    (3)     Amounts paid out of the Building account may be paid—

        (a)     out of the building general account or the building permit levy account as the Authority considers appropriate; or

        (b)     out of the domestic building account in accordance with subsection (4), if authorised by the Minister and the Minister administering the Domestic Building Contracts Act 1995 ; or

        (c)     out of the domestic building dispute account in accordance with subsection (5).

    (4)     Amounts may be paid out of the domestic building account towards—

S. 205B(4)(a) amended by No. 21/2017 s. 82(2).

        (a)     the costs and expenses referred to in subsection (1)(c) or (ca) to the extent that they relate to the registration or discipline of a builder engaged in domestic building work; and

        (b)     the costs and expenses referred to in subsection (1)(d).

    (5)     Amounts may be paid out of the domestic building dispute account to the Domestic Builders Fund established under the Domestic Building Contracts Act 1995 and to the building permit levy account in the proportions determined from time to time by the Minister administering the Domestic Building Contracts Act 1995 .

S. 205C inserted by No. 34/2013 s. 4.