Victorian Current Acts Victorian Current ActsS. 221ZZN(1) amended by No. 11/2023 s. 15(1).
(1) This section applies if there is a dispute about the application or effect of any provision of the plumbing regulations, or whether any provision of the plumbing regulations including any binding determination that applies to that provision is, or has been, complied with, and the dispute is between all or any of the following—
(a) the owner or occupier of a premises on which plumbing work is being, has been or is about to be, carried out;
(b) the licensed or registered plumber who is carrying out, carried out, or is about to carry out, that work;
(c) any person who acts on behalf of the owner or occupier of the premises;
(d) a plumbing inspector or compliance auditor.
S. 221ZZN(2) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 83), 11/2023 s. 15(2).
(2) One or more of the parties to the dispute may apply to the Authority for a declaration as to the application or effect of the provision of the plumbing regulations or whether the provision of the plumbing regulations including any binding determination that applies to that provision is, or has been, complied with.
S. 221ZZN(3) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 83).
(3) The application may be made in any manner approved by the Authority.
S. 221ZZN(3A) inserted by No. 11/2023 s. 15(3).
(3A) An application for a declaration must be accompanied by the fee set out in the regulations.
S. 221ZZN(4) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 83).
(4) After conducting a hearing on the application, the Authority must declare its opinion on the matter in dispute.
S. 221ZZN(5) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 83).
(5) Each party to the dispute is bound by the declaration of the Authority and must give effect to the declaration once the declaration takes effect.
S. 221ZZN(6) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 83).
(6) Each person who was given an opportunity to be heard by the Authority is a party to the dispute for the purposes of subsection (5).
S. 221ZZN(7) amended by Nos 52/1998 s. 311(Sch. 1 item 10.11), 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 83), 21/2017 s. 96(6).
(7) An application to VCAT for the review of a declaration of the Authority must be made by the end of the 5th business day after each party to the dispute has received a copy of the declaration.
S. 221ZZN(8) amended by No. 28/2000 s. 20(c).
(8) A declaration takes effect—
(a) at the start of the 6th business day after each party to the dispute has received a copy of it; or
S. 221ZZN(8)(b) amended by No. 21/2017 s. 96(6).
(b) if an application to review it has been lodged, on the application being abandoned or on VCAT dismissing the application or affirming the declaration.
S. 221ZZN(9) amended by Nos 75/1998 s. 5(b), 28/2000 s. 20(c), 34/2013 s. 34(Sch. 1 item 83), 21/2017 s. 96(6).
(9) If a person applies to VCAT for the review of a declaration, the Authority must give the person its written reasons for the declaration as soon as possible after the application is lodged.
S. 221ZZO inserted by No. 39/1996 s. 5.