Building (Amendment) Act 2001 (Vic)

Building (Amendment) Act 2001

Act No. 68/2001

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	2
3.	Change of name of Commission	2
4.	Changes concerning incorporation by reference	3
5.	Insertion of section 9A	3

9A.	Regulatory impact statement not required for certain
amendments 3

6. Insertion of section 15A 4

15A.	Building regulations with respect to swimming pools and
spas 4

7.	Insurance for protection work	4
8.	Membership of bodies	6
9.	Builder must be registered in proper category or class	7
10.	Insertion of section 179A	8

179A.	Inquiries into conduct of building practitioners who are
no longer registered 8

11. Insertion of section 216B 8

216B. Delegation by municipal building surveyor 8

12.	Application of Act to lessees or licensees of Crown land	9
13.	Regulation-making powers	9
14.	Insertion of section 265	9

265. Transitional—Effect of change to Commission's name 10

15. Insertion of section 266 10

266. Transitional—Effect of change of membership 10

16.      Repeal of regulation-making power for swimming pools and spas 11

17. Amendment to Domestic Building Contracts Act 1995 11

18.      Amendment to the Electricity Industry (Residual Provisions)

Act 1993 11
19.	Amendment to the Loy Yang B Act 1992 11

20.      Amendment to the Victorian Civil and Administrative

Tribunal Act 1998 11

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Section Page

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ENDNOTES 13

ii

Victoria

No. 68 of 2001

Building (Amendment) Act 2001†

[Assented to 7 November 2001]

The Parliament of Victoria enacts as follows:

1. Purpose

The main purpose of this Act is to amend the

Building Act 1993—

(a)	to change the title of the Building Control Commission to the Building Commission; and
(b)

to streamline the processes involved in schemes into the building regulations; and

Building (Amendment) Act 2001

Act No. 68/2001 s. 2

(c)	to widen the classes of person who can be appointed as members of various bodies established under that Act; and
(d)	to otherwise improve the operation of that Act.

2. Commencement

(1) This section and sections 1, 4, 5, 9, 10 and 13

come into operation on the day after the day on
which this Act receives the Royal Assent.

(2) Sections 3 and 14 come into operation on 1 January 2002.

(3) Sections 8 and 15 come into operation on a day to

be proclaimed.

(4) Subject to sub-section (5), the remaining

provisions of this Act come into operation on a
day or days to be proclaimed.

(5) If a provision referred to in sub-section (3) or (4) does not come into operation before 1 July 2002, it comes into operation on that day.

3. Change of name of Commission

(1) In section 3(1) of the Building Act 1993—

(a)	in the definition of "Commission" omit "Control";
(b)	in the definition of "Commissioner" omit "Control".

(2) In the heading to Division 2 of Part 12 of the

Building Act 1993 omit "Control".

(3) In sections 193(1), 221ZZZS and 261(1)(o) of the

Building Act 1993 omit "Control".
Building (Amendment) Act 2001

s. 4 Act No. 68/2001

(4) For section 221ZZXB(1)(c) of the Building Act

1993 substitute—

"(c) the Commissioner of the Building

Commission; and".

4. Changes concerning incorporation by reference

(1) For section 9(2) of the Building Act 1993

substitute—
"(2) Section 32 of the Interpretation of

Legislation Act 1984 does not apply to the application, adoption or incorporation by the building regulations of any matter contained in a planning scheme approved under the Planning and Environment Act 1987.".

(2) Part 2 of Schedule 1 to the Building Act 1993 is

repealed.

5. Insertion of section 9A

After section 9 of the Building Act 1993 insert—

"9A. Regulatory impact statement not required

for certain amendments

(1) This section applies if a particular building

regulation applies, adopts or incorporates
any matter contained in a planning scheme
approved under the Planning and
Environment Act 1987.

(2) Despite anything to the contrary in Part 2 of the Subordinate Legislation Act 1994, it is not necessary for the Minister to ensure that a regulatory impact statement is prepared in respect of that regulation.".

Building (Amendment) Act 2001

Act No. 68/2001 s. 6

6. Insertion of section 15A

After section 15 of the Building Act 1993 insert—

"15A. Building regulations with respect to

swimming pools and spas

(1) The Governor in Council may make

regulations for or with respect to—

(a)	the construction, installation, maintenance and operation of swimming pools and spas and associated services; and
(b)	the construction, installation, maintenance, operation and use of—

(i) equipment associated with swimming pools and spas, including safety equipment; and

(ii)  swimming pool barriers and spa barriers and associated services.

(2) Despite section 262(f), regulations made

under sub-section (1) may impose penalties
not exceeding 50 penalty units for a
contravention of those regulations.".

7. Insurance for protection work

(1) For section 93(1) of the Building Act 1993

substitute—

"(1) Before any protection work is commenced in

respect of an adjoining property, an owner
must ensure that a contract of insurance is in
force, in accordance with this section,

against—

(a) damage by the proposed protection work to the adjoining property; and

Building (Amendment) Act 2001

s. 7 Act No. 68/2001

(b) adjoining occupiers and members of the
public during the carrying out of the
building work and for a period of

any liabilities likely to be incurred to completed.

Penalty:  100 penalty units, in the case of a
natural person.
500 penalty units, in the case of a
body corporate.".

(2) In section 93(3) of the Building Act 1993, after

"lodge" insert "a copy of".

(3) At the foot of section 93(3) of the Building Act

1993 insert—

"Penalty: 10 penalty units, in the case of a natural

person.
50 penalty units, in the case of a body

corporate.".

(4) For section 93(4) of the Building Act 1993

substitute—
"(4) The owner must ensure that the contract of

insurance is renewed or extended as often as may be necessary during the carrying out of the building work and for 12 months after

that work is completed.

Penalty:  100 penalty units, in the case of a
natural person.
500 penalty units, in the case of a
body corporate.

(5) The owner must lodge a copy of a document evidencing the renewal or extension of the

Building (Amendment) Act 2001

Act No. 68/2001 s. 8

contract of insurance with the adjoining
owner as soon as it is practicable to do so

after the renewal or extension.

Penalty:  10 penalty units, in the case of a
natural person.
50 penalty units, in the case of a
body corporate.".

8. Membership of bodies

(1) After section 166(3)(b) of the Building Act 1993

insert—

"(ba) at least one person who is a legal practitioner

within the meaning of the Legal Practice practice in Victoria for not less than 5 years; and

(bb) at least one person who, in the Minister's

opinion, is able to represent the interests of
users of the services of building

practitioners; and".

(2) After section 184(2)(a) of the Building Act 1993

insert—

"(ab) at least one is to be a person who is a legal

practitioner within the meaning of the Legal admitted to legal practice in Victoria for not less than 5 years; and

(ac) at least one is to be a person who, in the

Minister's opinion, is able to represent the interests of users of the services of building practitioners; and".

(3) In section 207 of the Building Act 1993—

Building (Amendment) Act 2001

s. 9 Act No. 68/2001

(a)	in sub-section (2)(g), for "industry." substitute "industry; and";
(b)	after sub-section (2)(g) insert— "(h) at least one is to be a person who is a

legal practitioner within the meaning of
the Legal Practice Act 1996 and who
has been admitted to legal practice in
Victoria for not less than 5 years; and

(i)  at least one is to be a person who, in the Minister's opinion, is able to represent the interests of users of the services of building practitioners.".

(4) In section 210 of the Building Act 1993—

(a)	in sub-section (2)(l), for "industry." substitute "industry;";
(b)	after sub-section (2)(l) insert— "(m) at least one is to be a person who is a

legal practitioner within the meaning of
the Legal Practice Act 1996 and who
has been admitted to legal practice in

Victoria for not less than 5 years;

(n) at least one is to be a person who, in the Minister's opinion, is able to represent the interests of users of the services of building practitioners.".

9. Builder must be registered in proper category or class

For section 176(2A) of the Building Act 1993 substitute—

"(2A) A builder must not carry out domestic

building work of a particular category or
class under a major domestic building
contract unless the builder is registered by
the Building Practitioners Board under this

Building (Amendment) Act 2001

Act No. 68/2001 s. 10

Part to carry out domestic building work of that category or class.".

10. Insertion of section 179A

After section 179 of the Building Act 1993 insert—

"179A. Inquiries into conduct of building

practitioners who are no longer registered

(1) A reference to a registered building

practitioner in sections 177, 178 and 179 in relation to the holding of an inquiry into the conduct of a building practitioner includes a reference to any person who was a registered building practitioner at the time of the
conduct, even though that person's
registration is suspended at the time any
action is taken under those sections.

(2) Conduct that may be inquired into for the purposes of sections 177, 178 and 179 in relation to a person whose registration as a

registered building practitioner has been
suspended is limited to conduct that occurred
during the 3 year period that immediately

preceded the suspension.".

11. Insertion of section 216B

After section 216A of the Building Act 1993 insert—

"216B. Delegation by municipal building surveyor

The municipal building surveyor of a council may, by instrument, delegate any of his or her functions under this Act or the regulations, except this power of delegation, to any person employed or engaged by the council who is registered as a building surveyor under Part 11.".

Building (Amendment) Act 2001

s. 12 Act No. 68/2001

12.  Application of Act to lessees or licensees of Crown land

After section 217(2A) of the Building Act 1993
insert—
'(2B) Despite anything to the contrary in this Act,

Part 8 applies to a lessee or licensee of Crown land as if a reference in that Part to the "owner" were a reference to the lessee or licensee.'.

13. Regulation-making powers

(1) In section 261(1) of the Building Act 1993—

(a) for paragraph (la) substitute— "(la) fees payable for consideration by

reporting authorities of applications for permits referred to them under this Act or the regulations for consent and

report;";

(b) after paragraph (r) insert— "(ra) requiring or authorising the testing of

essential services in buildings, building
work and places of public

entertainment;".

(2) In Schedule 2 to the Building Act 1993—

(a) in clause 1(e) omit "under section 28 or 29A";

(b) in clause 5(1A)—

(i) omit "an authority which is";

(ii) omit "under section 28 or 29A".

14. Insertion of section 265

Building (Amendment) Act 2001
Act No. 68/2001

After section 264 of the Building Act 1993 insert—

"265. Transitional—Effect of change to

Commission's name

(1) The Building Commission is the same body

as the Building Control Commission, despite the change to its name by section 3(3) of the Building (Amendment) Act 2001 and no
act, matter or thing is to be affected because
of that change of name.

(2) On and from the commencement of this section, in any Act or in any instrument made under any Act or in any other

document of any kind, a reference to the be a reference to the Building Commission, unless the contrary intention appears.".

15. Insertion of section 266

At the end of Part 14 of the Building Act 1993 insert—

"266. Transitional—Effect of change of

membership

(1) The Building Appeals Board is deemed to be

the same body despite the change to its
membership made by section 8(1) of the
Building (Amendment) Act 2001.

(2) The Building Practitioners Board is deemed to be the same body despite the change to its membership made by section 8(2) of the

Building (Amendment) Act 2001.

(3) The Building Advisory Council is deemed to be the same body despite the change to its

Building (Amendment) Act 2001

s. 16 Act No. 68/2001

membership made by section 8(3) of the

Building (Amendment) Act 2001.

(4) The Building Regulations Advisory

Committee is deemed to be the same body despite the change to its membership made by section 8(4) of the Building
(Amendment) Act 2001.".

16.  Repeal of regulation-making power for swimming pools and spas

In Part 1 of Schedule 1 to the Building Act 1993, item 19 is repealed.

17. Amendment to Domestic Building Contracts Act 1995

In section 3(1) of the Domestic Building Contracts Act 1995, in the definition of "Commission", omit "Control".

18. Amendment to the Electricity Industry (Residual Provisions) Act 1993

In section 84AC of the Electricity Industry

(Residual Provisions) Act 1993 omit "Control".

19. Amendment to the Loy Yang B Act 1992

In section 22 of the Loy Yang B Act 1992 omit
"Control".

20. Amendment to the Victorian Civil and Administrative Tribunal Act 1998

(1) Insert the following heading to clause 12 of

Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998—

"Referral to Director, Building Commission or

Building Practitioners Board".

(2) In Schedule 1 to the Victorian Civil and

Administrative Tribunal Act 1998, in clause
12(1), omit "Control".

Building (Amendment) Act 2001

Act No. 68/2001 s. 20

(3) Insert the following heading to clause 40 of

Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998—

"Referral to Director, Building Commission or

Building Practitioners Board".

(4) In Schedule 1 to the Victorian Civil and

Administrative Tribunal Act 1998, in clause

40(1), omit "Control".

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Building (Amendment) Act 2001

Endnotes Act No. 68/2001

ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 27 September 2001

Legislative Council: 18 October 2001

The long title for the Bill for this Act was "to amend the Building Act
1993 and for other purposes."