Victorian Numbered Acts

BUILDING LEGISLATION AMENDMENT (CONSUMER PROTECTION) ACT 2016 (NO. 15 OF 2016) - SECT 54

After Division 2 of Part 13 of the Building Act 1993 insert —

" Division 2A—Remedies

        234B     Undertakings

    (1)     The Authority may accept a written undertaking given by a person in connection with a matter in relation to which the Authority has a power or function under this Act.

    (2)     The person may withdraw or vary an undertaking at any time, if the person has first obtained the consent of the Authority.    

    (3)     If the Authority considers that the person who gave the undertaking has failed to comply with any of its terms, the Authority may apply to a court for an order under subsection (4).

    (4)     If a court is satisfied that the person has failed to comply with a term of the undertaking, the court may make all or any of the following orders—

        (a)     an order directing the person to comply with that term of the undertaking;

        (b)     an order directing the person to carry out building work or protection work;

        (c)     an order directing the person to pay to the State an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the failure to comply;

        (d)     any order that the court considers appropriate directing the person to compensate any other person who has suffered loss, injury or damage as a result of the failure to comply;

        (e)     any other order that the court considers appropriate.

    (5)     If a body corporate is found to have failed to comply with an undertaking, each officer of the body corporate is taken to have so failed to comply with the undertaking if the officer knowingly authorised or permitted the failure and the court may, against the officer, make all or any of the orders set out in subsection (4) that the court thinks appropriate.

        234C     Copy of undertaking

The Authority must give a copy of an undertaking under section 234B to the person who made the undertaking.

        234D     Register of undertakings

    (1)     The Authority must—

        (a)     maintain a register of undertakings; and

        (b)     register each undertaking given under section 234B in the register of undertakings.

    (2)     The register of undertakings must include the following—

        (a)     the name and address of the person who gave the undertaking;

        (b)     the date of the undertaking;

        (c)     a copy of the undertaking.

    (3)     The register of undertakings may be inspected by any person at any reasonable time, without charge.".

Division 8—General