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BUILDING ACT 1993 - SECT 228

Authorised persons under this Subdivision

    (1)     For the purposes of the exercise of the power of entry under section 228D, including any powers relating to that power, an "authorised person" means any of the following persons—

        (a)     a relevant building surveyor or a natural person authorised in accordance with section 228A by a relevant building surveyor to exercise all or any of the powers referred to in this subsection on behalf of the relevant building surveyor;

        (b)     the chief officer or a natural person authorised by the chief officer to exercise all or any of the powers referred to in this subsection on behalf of the chief officer.

    (2)     For the purposes of the exercise of the powers of entry under sections 228E , 228I, 228K and 228M, including any powers relating to those powers, an "authorised person" means any of the following persons—

        (a)     a VBA inspector;

        (b)     a municipal building surveyor or a natural person authorised in accordance with section 228A by a municipal building surveyor to exercise all or any of the powers referred to in this subsection on behalf of the municipal building surveyor;

        (c)     a natural person authorised in accordance with section 228A by Energy Safe Victoria to exercise on behalf of Energy Safe Victoria all or any of the powers referred to in this subsection in relation to Part 12A or the regulations made under that Part;

        (d)     a compliance auditor appointed under Part 12A;

        (e)     a plumbing inspector appointed under Part 12A.

    (3)     For the purposes of the exercise of the power of entry under section 228J , including any powers relating to that power, an authorised person means any of the following persons—

        (a)     a VBA inspector;

        (b)     a municipal building surveyor or a natural person authorised in accordance with section 228A by a municipal building surveyor to exercise all or any of the powers referred to in this subsection on behalf of the municipal building surveyor;

        (c)     the chief officer or a natural person authorised by the chief officer to exercise all or any of the powers referred to in this subsection on behalf of the chief officer;

        (d)     a natural person authorised in accordance with section 228A by Energy Safe Victoria to exercise on behalf of Energy Safe Victoria all or any of the powers referred to in this subsection in relation to Part 12A or the regulations made under that Part;

        (e)     a relevant building surveyor or a natural person authorised in accordance with section 228A by a relevant building surveyor to exercise all or any of the powers referred to in this subsection on behalf of the relevant building surveyor;

        (f)     a compliance auditor appointed under Part 12A;

        (g)     a plumbing inspector appointed under Part 12A.

    (4)     The powers that may be exercised by the chief officer or Energy Safe Victoria under this Division do not limit or affect any powers of entry or related powers of the chief officer or Energy Safe Victoria under any other Act.

    (5)     In this section—

"relevant building surveyor" means—

        (a)     a relevant building surveyor that is a natural person; or

        (b)     if the relevant building surveyor is a body corporate, the designated building surveyor.

S. 228A inserted by No. 21/2017 s. 46.



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