Victorian Numbered Acts

BUILDING AND ENVIRONMENT PROTECTION LEGISLATION AMENDMENT ACT 2020 (NO. 3 OF 2020) - SECT 4

After section 10 of the Architects Act 1991 insert —

        " 10A         Probity matters

In determining whether a person is a fit and proper person under section 10(a) , the Board must have regard to the following matters—

        (a)     whether in the past 10 years the person has been convicted or found guilty (whether in or outside of Victoria) of any offence involving fraud, dishonesty, drug trafficking or violence that was punishable by imprisonment for 6 months or more;

        (b)     whether in the past 10 years the person has been convicted or found guilty of an offence under any law regulating architectural services or architects;

        (c)     whether in the past 10 years the person has had any registration, licence, approval or other authorisation as an architect suspended or cancelled (whether in or outside of Victoria) for any reason other than a failure by the person to renew the registration, licence, approval or other authorisation;

        (d)     whether in the past 10 years the person has been subject to an order of a court or VCAT under the following enactments, which has not been complied with within the period required by the court or VCAT—

              (i)     this Act or the regulations;

              (ii)     the Building Act 1993 or the regulations made under that Act;

              (iii)     the Domestic Building Contracts Act 1995 or the regulations made under that Act;

        (e)     whether in the past 10 years any disciplinary action has been taken against the person under the Building Act 1993 ;

        (f)     whether the person is, or has been within the past 10 years, an insolvent under administration;

        (g)     whether any other prescribed probity matter applies in relation to the person.".