Victorian Current Acts Victorian Current Acts(1) If it considers it necessary for the purposes of this Act or the regulations, the Authority may direct a municipal building surveyor or private building surveyor to carry out his or her functions under this Act or the regulations—
(a) in accordance with this Act or the regulations; or
(b) within a period specified in the direction.
(2) The Authority, in giving a direction under subsection (1)(b), must not vary a time limit prescribed by this Act or the regulations.
(3) If it considers it necessary for the purposes of this Act or the regulations, the Authority may recommend to the person who appointed a municipal building surveyor or private building surveyor that the person take action specified by the Authority.
S. 205M(4) substituted by No. 15/2016 s. 42, amended by No. 46/2018 s. 58(1)(a).
(4) Subject to subsection (4B), before giving a direction or making a recommendation under this section, the Authority must give the municipal building surveyor or private building surveyor concerned a written notice stating—
(a) the Authority's intention; and
S. 205M(4)(b) amended by No. 46/2018 s. 58(1)(b).
(b) the period (being not less than 7 days after the giving of the notice) within which the building surveyor may make submissions to the Authority about the matter.
S. 205M(4A) inserted by No. 15/2016 s. 42, amended by No. 46/2018 s. 58(2).
(4A) The Authority may specify a period shorter than the 7 day period referred to in subsection (4)(b) in an emergency.
S. 205M(4B) inserted by No. 46/2018 s. 58(3).
(4B) If the Authority believes on reasonable grounds that a high risk external wall cladding product has been used in connection with any building work relating to a function of a municipal building surveyor or private building surveyor, the Authority does not have to give the building surveyor a notice under subsection (4).
(5) The Authority must give a copy of any direction or recommendation under this section to the municipal building surveyor or private building surveyor concerned.
S. 205N inserted by No. 34/2013 s. 4.