Victorian Numbered Acts

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

Grounds for disciplinary action

    (1)         After section 179(1)(c) of the Principal Act insert

    "(ca)     the practitioner has failed to comply with a Ministerial direction under section 188AA;".

    (2)     After section 179(1)(da) of the Principal Act insert

    "(db)     the practitioner has been issued with a breach of dispute resolution order notice under section 49U(5) of the Domestic Building Contracts Act 1995 for failure to comply with a dispute resolution order under that Act and the chief dispute resolution officer has given written notice to the Authority accordingly;".

    (3)     In section 179(1)(g) of the Principal Act, for "no longer" substitute "not".

    (4)     After section 179(3) of the Principal Act insert

    "(4)     For the avoidance of doubt, a disciplinary action on the ground set out in subsection (1)(da) or (db) may be commenced together with or separately to any disciplinary action relating to the building work that is the subject of the dispute resolution order.

    (5)     If the breach of dispute resolution order notice referred to in subsection (1)(db) is cancelled by the chief dispute resolution officer under section 49V of the Domestic Building Contracts Act 1995

        (a)     the ground for disciplinary action under subsection (1)(db) ceases to exist; and

        (b)     any suspension or partial suspension imposed by the Authority or VCAT in relation to that ground is terminated.

    (6)     A disciplinary action relating to the building work that is the subject of the dispute resolution order referred to in subsection (5) is not terminated by reason of the cancellation of the breach of dispute resolution order notice.

    (7)     In this section—

"chief dispute resolution officer "has the same meaning as in the Domestic Building Contracts Act 1995 .".



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