Victorian Current Acts

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BUILDING ACT 1993 - SECT 221ZQ

Order requiring insurance

    (1)     The Minister may, by order published in the Government Gazette—

        (a)     require licensed plumbers to be covered by insurance; and

        (b)     specify the kinds and amount of insurance by which licensed plumbers are required to be covered.

    (2)     An order—

        (a)     must state the date on which it is to take effect, which must be a date that is not earlier than 21 days after the date it is published in the Government Gazette;

        (b)     may impose different requirements for different classes of licensed plumbers.

    (3)     The Minister may, in a particular case, vary any excess specified in an order if the Minister is satisfied that it is appropriate to do so.

S. 221ZQ(4) substituted by No. 66/2004 s. 14.

    (4)     The Minister may, by order published in the Government Gazette, amend or revoke an order made under subsection (1).

    (5)     For the purposes of this Part, a person is covered by the required insurance if—

        (a)     the person holds the required insurance; or

        (b)     the work carried out by or on behalf of the person is covered by the required insurance; or

        (c)     the person is not a party to the required insurance but is specified or referred to in the insurance, whether by name or otherwise, as a person to whom the insurance cover extends.

S. 221ZQ(5A) inserted by No. 34/1997 s. 21.

    (5A)     The order of the Minister under this section published in the Government Gazette on 28 February 1997 is revoked and is deemed never to have been made.

S. 221ZQ(5B) inserted by No. 34/1997 s. 21.

    (5B)     The order of the Minister under this section published in the Government Gazette on 6 May 1997 is deemed to have been made under this section on 28 February 1997 and to have taken effect on 24 March 1997, despite anything to the contrary in this section or in the order.

S. 221ZQ(5C) inserted by No. 34/1997 s. 21.

    (5C)     Any reference in any document (other than this Act) to the order of the Minister under this section published in the Government Gazette on 28 February 1997 is deemed to be a reference to the order referred to in subsection (5B), unless a contrary intention expressly appears.

    (6)     In this section "insurance" includes—

        (a)     professional indemnity insurance;

        (b)     a performance bond;

        (c)     a guarantee;

        (d)     an indemnity;

        (e)     public liability insurance;

        (f)     insurance relating to a particular project;

        (g)     insurance taken out by any body or person that relates to the work of a licensed plumber;

        (h)     any agreement or instrument in the nature of an item set out in paragraphs (a) to (g).

S. 221ZR inserted by No. 39/1996 s. 5, amended by No. 33/2010 s. 44.



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