Building Amendment (Accreditation Requirements for Building Products) Regulations 2022 (Vic)
Building Amendment (Accreditation Requirements for Building Products) Regulations 2022
S.R. No. 61/2022
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provisions
3Commencement
4Principal Regulations
5Definitions
6Regulation 239 substituted
7Application for accreditation
8Application for renewal of accreditation
9New regulation 242AB inserted
10Refusal to accredit, renew or vary an accreditation
11Information in application to remain confidential
12Accreditation fees
13Notice of accreditation, renewal of, imposition of a condition on, or variation of, an accreditation
14Regulation 245 substituted
15Revocation of accreditation
16Holder may request revocation of accreditation
17Regulation 249 substituted
18Offence to falsely claim product accredited
19Schedule 4—Substitution of Form 19 and insertion of new Forms 19A and 19B
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Endnotes
STATUTORY RULES 2022
S.R. No. 61/2022
Building Act 1993
Building Amendment (Accreditation Requirements for Building Products) Regulations 2022
The Governor in Council makes the following Regulations:
Dated: 2 August 2022
Responsible Minister:
LIZZIE BLANDTHORN
Minister for PlanningSAMUAL WALLACE
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Building Regulations 2018—
(a)to provide for an application to vary the accreditation of a building product; and
(b)to amend the procedure for the issue or re‑issue of a certificate of accreditation when a building product is accredited or the accreditation is varied or renewed; and
(c)to make consequential and other amendments.
2Authorising provisions
These Regulations are made under sections 7, 261 and 262 of, and Schedule 1 to, the Building Act 1993.
3Commencement
These Regulations come into operation on 3 August 2022.
4Principal Regulations
In these Regulations, the Building Regulations 2018[1] are called the Principal Regulations.
5Definitions
In regulation 238 of the Principal Regulations, for "Form 19" substitute "Forms 19, 19A and 19B".
6Regulation 239 substituted
For regulation 239 of the Principal Regulations substitute—
"239 Prescribed persons and bodies to accredit building products
For the purposes of section 14(1) of the Act, the following persons and bodies are prescribed as a prescribed person or body—
(a)the Australian Building Codes Board;
(b)a person or body authorised by the Australian Building Codes Board.".
7Application for accreditation
(1)Regulation 242(1) of the Principal Regulations is revoked.
(2)For regulation 242(2) of the Principal Regulations substitute—
"(2)For the purposes of section 14(1A) of the Act, an application for accreditation of a building product must be in the form of Form 19.".
8Application for renewal of accreditation
(1)Regulation 242A(1) of the Principal Regulations is revoked.
(2)For regulation 242A(2) of the Principal Regulations substitute—
"(2)For the purposes of section 14(3) of the Act, an application for renewal of the accreditation of a building product must be in the form of Form 19A.".
9New regulation 242AB inserted
After regulation 242A of the Principal Regulations insert—
"242AB Application for variation of accreditation
For the purposes of section 14(5) of the Act, an application for variation of an accreditation of a building product must be in the form of Form 19A and may be made in respect of one or more of the following matters—
(a)a transfer of the accreditation from the holder of the accreditation to another person;
(b)a change of the name of the holder of the accreditation;
(c)a change of the postal address, telephone number or email of the holder of the accreditation;
(d)a change of the building product name;
(e)a change of the name of one or more components that form part of the accredited building product;
(f)a change to an installation manual for the building product, or to any performance requirement or standard applying to the accredited building product;
(g)a change to the building product to reflect any amendment to a requirement in these Regulations in relation to which the building product is accredited;
(h)a change to any condition imposed by the Committee;
(i)the correction of an error in the certificate of accreditation for the building product;
(j)a change in any other matter relating to the accreditation of the building product, which the Committee considers will not result in a significant departure from the performance of the building product or the purposes for which the building product was originally accredited.".
10Refusal to accredit, renew or vary an accreditation
(1)For the heading to regulation 242B of the Principal Regulations substitute—
"Refusal to accredit, renew or vary an accreditation".
(2)After regulation 242B(1) of the Principal Regulations insert—
"(1A)The Committee may refuse to vary an accreditation of a building product if—
(a)the application is to vary the accreditation in respect of a matter that is not a matter specified in regulation 242AB; or
(b)the variation of the accreditation sought will result in a significant departure from the performance of the building product or the purposes for which the building product was originally accredited; or
(c)the application for variation is made in respect of the matter specified in regulation 242AB(a), and the person to whom the accreditation is to be transferred has been convicted or found guilty without conviction of an offence against regulation 250 within the 10‑year period preceding the date of the application.".
(3)In regulation 242B(2) of the Principal Regulations, for "renew an" substitute "renew or vary an".
11Information in application to remain confidential
In regulation 243(1) of the Principal Regulations, after "an application for renewal" insert "or variation".
12Accreditation fees
After regulation 244(1) of the Principal Regulations insert—
"(1A)The fee for an application to vary an accreditation of a building product under this Division is 20∙75 fee units.".
13Notice of accreditation, renewal of, imposition of a condition on, or variation of, an accreditation
(1)In regulation 244A(1) and (2) of the Principal Regulations, after "the applicant" insert "and the Authority".
(2)In regulation 244A(2) of the Principal Regulations, for "section 14(4)" substitute "section 14(4) or (5)".
(3)After regulation 244A(3)(f) of the Principal Regulations insert—
"(fa)in the case of a renewal of the accreditation, the date the renewed accreditation comes into effect;
(fb)the number assigned to the certificate of accreditation to which the notice relates;".
14Regulation 245 substituted
For regulation 245 of the Principal Regulations substitute—
245Issue or re-issue of a certificate of accreditation"
(1)For the purposes of section 14(1B) of the Act, the prescribed form of a certificate of accreditation is in the form of Form 19B.
(2)The Committee must assign a unique number to a certificate of accreditation that is issued for a building product when it is first accredited.
(3)Subject to subregulation (4), the Committee must re-issue a certificate of accreditation to the holder of an accreditation if the Committee renews the accreditation under section 14(3) of the Act or imposes a condition on, or varies, an accreditation under section 14(4) or (5) of the Act.
(4)If the accreditation is varied in respect of the matter specified in regulation 242AB(a), the Committee must re-issue the certificate of accreditation to the person to whom the accreditation is transferred.
(5)A certificate of accreditation that is re-issued under subregulation (3) or (4) must have assigned to it the same unique number that was assigned to the original certificate of accreditation for the building product under subregulation (2).
(6)The Committee may publish a copy of any certificate of accreditation and any document referred to in the certificate on the Committee's website or, if the Committee does not have a website, on the Internet.".
15Revocation of accreditation
For regulation 246(2) of the Principal Regulations substitute—
"(2)If the Committee determines to revoke an accreditation—
(a)the Committee must notify the Authority in writing of the decision of the Committee; and
(b)the Authority must notify the holder of the accreditation in writing of the decision of the Committee.".
16Holder may request revocation of accreditation
(1)In regulation 247(1) of the Principal Regulations, for "holder of a certificate of accreditation" substitute "holder of an accreditation".
(2)In regulation 247(2) of the Principal Regulations, after "subregulation (1)" insert "and notify the Authority in writing of the revocation".
17Regulation 249 substituted
For regulation 249 of the Principal Regulations substitute—
249Accreditation ceases to have effect on revocation "
An accreditation ceases to have effect on its revocation under this Division.".
18Offence to falsely claim product accredited
In regulation 250 of the Principal Regulations—
(a)for "under this Division" (where first occurring) substitute "under the Act";
(b)for "under this Division" (where secondly occurring) substitute "in accordance with this Division".
19Schedule 4—Substitution of Form 19 and insertion of new Forms 19A and 19B
For Form 19 in Schedule 4 to the Principal Regulations substitute—
'FORM 19
Regulation 242(2)
Building Act 1993
Building Regulations 2018
APPLICATION FOR ACCREDITATION OF A BUILDING PRODUCT
To
Building Regulations Advisory Committee
From
Applicant:
Name: [insert full name]
*ACN/*ARBN:
Postal address:
Postcode:
Contact person: Telephone:
Email:
*Proposed holder of the accreditation for the building product (if different from applicant)
Name: [insert full name]
*ACN/*ARBN:
Postal address:
Postcode:
Contact person: Telephone:
Email:
| A copy of the authorisation, given to the applicant from the proposed holder of the accreditation, to make this application is attached to this form. | o |
Type of building product (select one)
This application is for:
| a building product | o |
| a construction method connected with building work | o |
| a design connected with building work | o |
| a component connected with building work | o |
| a system connected with building work | o |
Note
Regulation 238 of the Building Regulations 2018 defines, for the purposes of Part 17 of those Regulations and this Form, building product to include a construction method, design, component or system connected with building work. However, the reference in the list above to "a building product" has its ordinary meaning, rather than the defined meaning.
Details of building product
Name of building product:
Description of building product:
Purpose and use of building product:
Method of installation or use of building product:
Interaction of building product with other components and materials in building work:
BCA performance requirements that are relevant to the building product:
[insert performance requirements]
Means of demonstrating compliance with BCA requirements
The building product meets the following performance requirement(s) of the BCA by the following means:
| Column 1 | Column 2 |
| Performance requirements relevant to the building product [insert performance requirements]— | Evidence to demonstrate compliance of the building product with each performance requirement in column 1 [insert specific evidence and explain how it shows compliance of the building product with the relevant performance requirement]— |
Documentation or information accompanying application
The application is accompanied by the following—
| an appraisal of the building product; | o |
| the appraiser's qualifications and curriculum vitae; | o |
| test report(s) from an Accredited Testing Laboratory or a Registered Testing Authority; | o |
| a technical/installation manual for the building product; | o |
| other information or documentation required by the Committee. | o |
Signature
I certify that the information and content contained in this application is complete and correct.
Signature of applicant:
Date:
* Delete if inapplicable
Tick if applicable
FORM 19A
Regulations 242A(2), 242AB
Building Act 1993
Building Regulations 2018
APPLICATION FOR RENEWAL OR VARIATION OF ACCREDITATION FOR A BUILDING PRODUCT
To
Building Regulations Advisory Committee
From
Applicant:
Name: [insert full name]
*ACN/*ARBN:
Postal address:
Postcode:
Contact person: Telephone:
Email:
*If applicant is making the application on behalf of the holder of the accreditation for the building product
| I have been authorised by the holder of the accreditation to make this application on their behalf. | o |
| A copy of the authorisation from the holder of the accreditation to make this application is attached to this form. | o |
*Holder of the accreditation for the building product (if different from applicant)
Name: [insert full name]
*ACN/*ARBN:
Postal address:
Postcode:
Contact person: Telephone:
Email:
Type of application
Variation of existing accreditation of building product o
Renewal of existing accreditation of building product o
Certificate No. of existing certificate of accreditation [insert]
Type of building product (select one)
This application is for:
| a building product | o |
| a construction method connected with building work | o |
| a design connected with building work | o |
| a component connected with building work | o |
| a system connected with building work | o |
Note
Regulation 238 of the Building Regulations 2018 defines, for the purposes of Part 17 of those Regulations and this Form, building product to include a construction method, design, component or system connected with building work. However, the reference in the list above to "a building product" has its ordinary meaning, rather than the defined meaning.
Details of building product
Name of building product:
Description of building product:
Purpose and use of building product:
Method of installation or use of building product:
Interaction of building product with other components and materials in building work:
Details for renewal application
Describe any changes to the building product that have occurred during the previous accreditation period:
Detail any changes to requirements or standards applicable to the building product during the previous accreditation period:
Details for variation application
[Select all applicable]
| transfer the accreditation to another person | o |
| change of name of the holder of the accreditation | o |
| change of postal address, telephone number or email of the holder of the accreditation | o |
| change of building product name | o |
| change of name of one or more components that form part of the accredited building product | o |
| changes to an installation manual for the building product, or to any performance requirement or standard applying to the building product | o |
| changes to the building product to reflect any amendment to a regulation in relation to which the building product was accredited | o |
| changes to conditions imposed on the accreditation by the Committee | o |
| correction of error in the certificate of accreditation for the building product | o |
| other | o |
Describe in detail any variations being sought:
BCA performance requirements that are relevant to the building product:
[insert performance requirements]
Means of demonstrating compliance with BCA requirements
The building product meets the following performance requirement(s) of the BCA by the following means:
| Column 1 | Column 2 |
| Performance requirements relevant to the building product [insert performance requirements]— | Evidence to demonstrate compliance of the building product with each performance requirement in column 1 [insert specific evidence and explain how it shows compliance of the building product with the relevant performance requirement]— |
Documentation or information accompanying application for renewal of accreditation
The application is accompanied by the following—
| an appraisal of the building product; | o |
| the appraiser's qualifications and curriculum vitae; | o |
| test report(s) from an Accredited Testing Laboratory or a Registered Testing Authority; | o |
| a technical/installation manual for the building product; | o |
| other information or documentation required by the Committee. | o |
Signature
I certify that the information and content contained in this application is complete and correct.
Signature of applicant:
Date:
* Delete if inapplicable
Tick if applicable
FORM 19B
Regulation 245(1)
Building Act 1993
Building Regulations 2018
CERTIFICATE OF ACCREDITATION
Name of building product: [insert details]
Building product description: [insert details]
Description of the purpose and use of the building product:
[insert details]
Regulation/s in relation to which the building product is accredited: [insert details]
Conditions to which the accreditation is subject: [insert details]
The name and address of the holder of the accreditation: [insert details]
If the holder of the accreditation is a corporation, ACN: [insert details]
Trading name and ABN of the holder of the accreditation: [insert details]
Date building product accredited: [insert date of accreditation]
Certificate number: [insert certificate number]
Date of issue of certificate: [insert date of issue]
*Date building product accreditation renewed:
[insert date of renewal of accreditation]
Date of expiry of accreditation: [insert expiry date]
*Date and details of variation of accreditation:
[insert date on which accreditation varied and details of variation]
*Date of re-issue of certificate: [insert date of re-issue]
Signature:[insert signature of Chair of the Building Regulations Advisory Committee]
*Delete if inapplicable'.
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Endnotes
[1] Reg. 4: S.R. No. 38/2018 as amended by S.R. Nos 38/2018, 75/2018, 100/2018, 180/2018, 40/2019, 116/2019, 21/2020, 42/2020, 83/2020, 101/2020, 73/2021, 128/2021 and 50/2022.
——
Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
In this table—
BCA means the Building Code of Australia;
Building Code of Australia means the Building Code of Australia comprising—
(a)Volume One of the National Construction Code 2019 Amendment 1 including any variations or additions in the Victoria Appendix set out in Schedule 1 to that Volume; and
(b)Volume Two of the National Construction Code 2019 Amendment 1 including any variations or additions in the Victoria Appendix set out in Schedule 1 to that Volume;
National Construction Code 2019 Amendment 1 means the National Construction Code 2019 Amendment 1 published by the Australian Building Codes Board on 1 July 2020.
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Regulation 19 of the Building Amendment (Accreditation Requirements for Building Products) Regulations 2022 which substitutes Form 19 and inserts Forms 19A and 19B into Schedule 4 to the Building Regulations 2018 | BCA | The whole |
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