Victorian Current Acts Victorian Current ActsSchedule 10—Transitional and savings provisions relating to the Building Amendment (Enforcement and Other Measures) Act 2017
Part 1—Preliminary
1 Definitions
In this Schedule—
"amending Act" means the Building Amendment (Enforcement and Other Measures) Act 2017 ;
"appointed day" means—
(a) in relation to clause 5, the day determined by the Authority for the purposes of clause 5 published in the Government Gazette and that is at least 28 days earlier than the relevant commencement day; and
(b) in relation to clause 6, the day determined by the Authority for the purposes of clause 6 published in the Government Gazette and that is at least 28 days earlier than the relevant commencement day;
"new provision" means a provision of this Act as in force on or after the relevant commencement day;
"old provision" means a provision of this Act as in force before the relevant commencement day;
"relevant commencement day" means the day on which section 7 of the amending Act comes into operation.
2 General transitional provisions
(1) This Schedule does not affect or take away from the Interpretation of Legislation Act 1984 .
(2) If this Part provides that an old provision continues to apply to any matter or thing, then any regulation or other instrument having effect for the purposes of that provision also continues to apply to that matter or thing.
(3) This Schedule applies despite anything to the contrary in this Act.
Part 2—Building practitioners
3 Registration of body corporate builders—domestic building work
(1) This clause applies to a body corporate if—
(a) immediately before the relevant commencement day, the body corporate had at least one director holding a current registration of a category or class authorising the carrying out of domestic building work; and
(b) immediately before the relevant commencement day, the Authority held evidence from the designated insurer of the body corporate that the body corporate held a certificate of eligibility to hold the required insurance for the domestic building work referred to in paragraph (a); and
(c) the body corporate had in the period of 12 months immediately preceding the relevant commencement day carried out domestic building work under a major domestic building contract that was covered by the required insurance; and
(d) the Authority had not before the relevant commencement day received a report from the designated insurer of the body corporate providing that the body corporate is in a high risk insurance category; and
(e) the Authority had not before the relevant commencement day decided under clause 4 that the body corporate was not suitable to be registered under this clause; and
(f) the body corporate had not opted out of being registered under this clause in accordance with clause 5.
(2) On the relevant commencement day, the body corporate is taken to be a registered builder in the category or class authorising the carrying out of the domestic building work referred to in subclause (1)(a).
(3) The registration (unless sooner cancelled under this Act) expires on—
(a) the date of expiry of the registration under clause 10 of Schedule 8 of the director referred to in subclause (1)(a); or
(b) if more than one director is registered as referred to in subclause (1)(a), the date of expiry under clause 10 of Schedule 8 of the first of the registrations of those directors to expire (otherwise than by resignation or cancellation).
(4) If a body corporate is taken to be registered as a result of this clause, a director referred to in subclause (1)(a) is taken to be a nominee director of the body corporate.
(5) The registered body corporate may apply under Part 11 for the renewal of its registration.
4 Authority may decide that body corporate not be registered under clause 3
(1) Before the relevant commencement day, the Authority may decide that on the relevant commencement day a body corporate must not be taken to be a registered builder under clause 3 if the Authority considers that the body corporate or a director of the body corporate is not a fit and proper person.
(2) A decision made by the Authority under subclause (1) is not reviewable by VCAT.
5 Body corporate builders that opt out of being transitioned under clause 3
(1) This clause applies to a body corporate if—
(a) before the relevant commencement day, the body corporate had at least one director holding a current registration of a category or class authorising the carrying out of domestic building work; and
(b) before the relevant commencement day, the body corporate was carrying out domestic building work under a major domestic building contract and the body corporate had at least one director holding a current registration authorising the carrying out of the domestic building work under that contract; and
(c) the body corporate has notified the Authority by the appointed day that the body corporate opts out of being registered in accordance with clause 3.
(2) On the relevant commencement day, the body corporate may continue to carry out domestic building work under any major domestic building contract entered into before the relevant commencement date provided the body corporate continues to have a director holding a current registration authorising the carrying out of the work.
6 Registration of other bodies corporate
(1) This clause does not apply to the registration of a body corporate to authorise the carrying out of domestic building work.
(2) This clause applies to a body corporate if—
(a) immediately before the relevant commencement day, the body corporate had at least one director who was registered as a building practitioner; and
(b) the Authority had not before the relevant commencement day decided under subclause (7) that the body corporate was not suitable to be registered under this clause; and
(c) the body corporate notified the Authority by the appointed day that the body corporate has elected to be registered in accordance with this clause.
(3) On the relevant commencement day, the body corporate is taken to be registered as a building practitioner in the category or class in which the director of the body corporate was registered.
(4) The registration (unless sooner cancelled under this Act) expires on—
(a) the date of expiry of the registration under clause 10 of Schedule 8 of the director referred to in subclause (2); or
(b) if more than one director is registered as referred to in subclause (2), the date of expiry under clause 10 of Schedule 8 of the first of the registrations of those directors to expire (otherwise than by resignation or cancellation).
(5) If a body corporate is taken to be registered as a result of this clause, a director referred to in subclause (2) is taken to be a nominee director of the body corporate.
(6) The registered body corporate may apply under Part 11 for the renewal of its registration.
(7) Before the relevant commencement day, the Authority may decide that on the relevant commencement day the body corporate must not be taken to be registered under subclause (3) if the Authority considers that the body corporate or a director of the body corporate is not a fit and proper person.
(8) A decision made by the Authority under subclause (7) is not reviewable by VCAT.
Part 3—Other transitional provisions
7 Further limitations on the issue of building permits
(1) Section 24A as substituted by section 22 of the amending Act does not apply in relation to an application for a building permit that is accepted by the relevant building surveyor before the commencement of section 22 of the amending Act.
(2) Section 24A as in force immediately before the commencement of section 22 of the amending Act continues to apply in relation to an application for a building permit that was accepted by the relevant building surveyor before that commencement.
8 Notice of ending of engagement of builder
(1) Section 25A as substituted by section 23 of the amending Act does not apply in relation to building work for which a permit was issued before the commencement of section 23 of the amending Act.
(2) Section 25A as in force immediately before the commencement of section 23 of the amending Act continues to apply in relation to building work for which a building permit was issued before that commencement.
9 Notice to relevant building surveyor of subsequent engagement of builder
Section 25AB as inserted by section 23 of the amending Act does not apply in relation to building work for which a permit was issued before the commencement of section 23 of the amending Act.
10 Relevant building surveyor to notify Authority and relevant council of certain information
Section 25AD as inserted by section 23 of the amending Act does not apply in relation to a building permit issued before the commencement of section 23 of the amending Act.
10A Suspension of building permit
Section 25AE as inserted by section 23 of the amending Act does not apply in relation to a building permit issued before the commencement of section 23 of the amending Act.
11 Building orders to stop building work
Section 112 as amended by section 35 of the amending Act applies to a building order made before, on or after the commencement of section 35 of the amending Act.
12 Relevant building surveyor must apply for building permit number for building permit
Section 18AA as inserted by section 58 of the amending Act does not apply in relation to an application for a building permit accepted by the relevant building surveyor before the commencement of section 58 of the amending Act.
13 Authority must be notified of increased building costs
Section 205KA as inserted by section 69 of the amending Act does not apply in relation to building work for which a building permit was issued before the commencement of section 69 of the amending Act.
14 Authority may reassess levy after building permit issued
Subdivision 4A of Division 2 of Part 12 as inserted by section 70 of the amending Act does not apply in relation to a building permit issued before the commencement of section 70 of the amending Act.
15 Assessments of levy by the Authority for unauthorised building work
Subdivision 4B of Division 2 of Part 12 as inserted by section 70 of the amending Act applies in relation to building work carried out before, on or after the commencement of section 70 of the amending Act unless the carrying out of the building work relates to an offence against section 16(1) or 16B(1) for which a person was found guilty before the commencement of section 70 of the amending Act.
Sch. 10 Pt 4 (Heading) repealed by No. 11/2023 s. 51.
* * * * *
Sch. 10 cl. 16 repealed by No. 126/1993 Sch. 10 cl. 16(5).
* * * * *
Sch. 11 inserted by No. 3/2020 s. 41.