Victorian Numbered Regulations Victorian Numbered RegulationsFor Division 3 of Part 18 of the Principal Regulations substitute —
For the purposes of section 169H(c) of the Act, the name and registration number of the registered building practitioner must be clearly legible in the advertisement or statement.
For the purposes of section 169I(c) of the Act, the name and registration number of the registered building practitioner must be clearly legible in the advertisement or statement.
(1) A relevant person must notify the Authority in writing within 14 days after any of the following occurs—
(a) the person is convicted or found guilty of an offence referred to in regulation 263B;
(b) the person is convicted or found guilty (whether in Victoria or outside Victoria) of any offence involving fraud, dishonesty, drug trafficking or violence that is punishable by imprisonment for 6 months or more;
(c) the person is convicted or found guilty of an offence under any law regulating building work or building practitioners;
(d) the person has any registration, licence, approval, certificate or other authorisation as a building practitioner suspended or cancelled for any reason other than a failure by the person to renew the registration, licence, approval, certificate or other authorisation;
(e) the person is convicted or found guilty of an offence against—
(i) section 53, 55, 55A, 56, 58 or 60 of the Trade Practices Act 1974 of the Commonwealth; or
(ii) section 29, 33, 34, 35, 36, 50, 151, 157, 158 or 168 of the Australian Consumer Law (Victoria); or
(iii) section 29, 33, 34, 35, 36, 50, 151, 157, 158 or 168 of Schedule 2 to the Competition and Consumer Act 2010 of the Commonwealth;
(f) the person becomes subject to an order of a court or VCAT under the following enactments that has not been complied with within the period required by the court or VCAT—
(i) the Act or these Regulations; or
(ii) the Domestic Building Contracts Act 1995 or the regulations under that Act;
(g) the person is disqualified from managing corporations under Part 2D.6 of the Corporations Act;
(h) an insurer declines, cancels, or imposes special conditions in relation to, the provision of professional indemnity insurance, public liability insurance or any other indemnity insurance in relation to the person in relation to work as a building practitioner in Victoria or in an equivalent occupation in the building and construction industry in another State or Territory;
(i) the person has outstanding—
(i) any judgment debt for an amount recoverable by an insurer under a policy of insurance for domestic building work referred to in section 137A or 137B of the Act that is not satisfied within the period required for satisfaction of that debt; or
(ii) any judgment debt for an amount owed to the Authority as a debt due under this Act that has not been satisfied within the period required for satisfaction of that debt; or
(iii) any judgment debt for an amount payable in relation to a domestic building dispute that is not satisfied within the period required for satisfaction of that debt; or
(iv) any amount payable under any dispute resolution order (within the meaning of the Domestic Building Contracts Act 1995 ) or VCAT order requiring the payment of an amount in relation to a domestic building dispute that is not paid within the period required for compliance with that order; or
(v) any unpaid adjudicated amount due to be paid under the Building and Construction Industry Security of Payment Act 2002 if—
(A) the period for making an adjudication review application under that Act in relation to that amount has expired; and
(B) the person has not made an adjudication review application in relation to that amount within that period.
Penalty: 10 penalty units.
(2) A relevant person must notify the Authority in writing without delay after—
(a) the person becomes an insolvent under administration; or
(b) the person becomes an externally administered body corporate within the meaning of the Corporations Act; or
(c) the person is convicted or found guilty of an offence against section 32 of the Occupational Health and Safety Act 2004 ; or
(d) the person is convicted or found guilty (whether in Victoria or outside Victoria) of an indictable offence involving fraud, dishonesty, drug trafficking or violence; or
(e) the person ceases to be covered by the required insurance; or
(f) the person becomes an excluded person.
Penalty: 10 penalty units.
(3) In this regulation—
"relevant person" means—
(a) a registered building practitioner; or
(b) a director of a registered body corporate; or
(c) a member of a partnership, which includes a person who carries on business as a building practitioner, other than that person.
The prescribed provisions for the purposes of section 179(1)(a)(iii) of the Act are sections 21(1), 23(1), 24(1), 25(1), 25(2), 26(1), 27(1) and 28(1) of the Occupational Health and Safety Act 2004 .
(1) The prescribed provisions for the purposes of section 180(b)(i) of the Act are sections 172(1)(a) and (b) of the Act.
(2) The prescribed provision for the purposes of section 180(b)(iii) of the Act is section 32 of the Occupational Health and Safety Act 2004 .".