Victorian Numbered Acts

BUILDING AMENDMENT (REGISTRATION OF BUILDING TRADES AND OTHER MATTERS) ACT 2018 (NO. 46 OF 2018) - SECT 26

    (1)     In section 15A(1)(b)(ii) of the Principal Act, for "services." substitute "services; and".

    (2)     After section 15A(1)(b) of the Principal Act insert —

    "(c)     requirements relating to the safety of swimming pools and spas, including signage.".

    (3)     After section 15A(2) of the Principal Act insert —

    "(3)     In addition to the regulations that may be made under subsection (1), the Governor in Council may make regulations for or with respect to—

        (a)     the registration of swimming pools and spas by councils for the purposes of a swimming pool and spa register including—

              (i)         the requirement for owners of land on which swimming pools and spas are located to register those swimming pools and spas with the relevant council; and    

              (ii)             the procedures for applying for registration and the renewal of registration of swimming pools and spas; and

              (iii)         the procedures for the registration and the renewal of the registration of swimming pools and spas by councils; and

              (iv)     the information to be recorded in swimming pool and spa registers by councils; and

              (v)     the procedures for maintenance by councils of swimming pool and spa registers; and    

        (b)         the requirements on owners of land to arrange for mandatory inspections of swimming pool and spa barriers on the land for compliance with this Act and the building regulations, including the frequency and circumstances of those inspections; and

        (c)     the issuing of certificates of pool and spa barrier compliance and certificates of pool and spa barrier non-compliance, and the performance of related functions, by—

              (i)     swimming pool and spa inspectors; or

              (ii)     relevant building surveyors; or

              (iii)     municipal building surveyors when carrying out functions under Part 8 or when acting as authorised persons within the meaning of section 228; and

        (d)     the lodgement with the relevant council of certificates of pool and spa barrier compliance and certificates of pool and spa barrier non-compliance in relation to swimming pools and spas on certain land; and

        (e)     the requirements on owners of land to assess and report to councils on the compliance of swimming pool or spa barriers on the land with this Act and the building regulations and the frequency and circumstances of such assessment and reporting and lodgement of those reports with the relevant council; and

        (f)     the procedures to be taken by councils in relation to swimming pool or spa barriers that do not comply with this Act and the building regulations and the requirements on owners of land on which these non-compliant swimming pools and spa barriers are located; and

        (g)     the requirements on owners of land on which swimming pools or spas are located to provide information and documents to the relevant council or any other specified person or body; and

        (h)     prescribing fees payable for—

              (i)     applications to the relevant council for the registration and the renewal of the registration of swimming pools and spas and periodical registration fees relating to swimming pools and spas; and

              (ii)         fees for searches by councils for information relating to swimming pools and spas located in their municipal districts; and

              (iii)     the inspection of swimming pool and spa barriers and the issue of certificates of pool and spa barrier compliance and certificates of pool and spa barrier non-compliance; and

              (iv)     the lodgement of certificates of pool and spa barrier compliance and certificates of pool and spa barrier non-compliance with councils; and

              (v)     the lodgement of reports with councils by owners of land relating to whether swimming pool or spa barriers located on the land comply with this Act and the building regulations; and

              (i)     forms for the purposes of this subsection.

    (4)         Regulations for or with respect to any fees referred to in subsection (3)(h) may provide for any of the following—

        (a)     maximum fees;

        (b)     differential fees;

        (c)     the reduction, waiver or refund, in whole or in part, of fees in specified circumstances.

    (5)     Regulations made under subsection (3) may impose penalties not exceeding 20 penalty units for a contravention of those regulations.

    (6)         Nothing in this section affects the operation of section 261 or 262.".