Building Amendment Act 2007 (Vic)
Building Amendment Act 2007
No. 54 of 2007
table of provisions
Section Page
1Purpose
2Commencement
3New section 1 substituted
1Purposes
4New section 4 substituted
4Objectives of Act
5New heading Division 2 of Part 9 substituted
6New section 196 substituted
196Functions of the Building Commission
7New section 196AA inserted
196AAPowers of the Commission
8New section 221ZZV substituted
221ZZVFunctions of the Plumbing Industry Commission
9New section 221ZZVA
221ZZVAGas Safety Minister may direct the Commission
10Amendment to section 221ZZW
11Consequential amendments to the Building Act 1993
12Repeal of amending Act
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Endnotes
Building Amendment Act 2007
No. 54 of 2007
[Assented to 7 November 2007]
The Parliament of Victoria enacts:
1Purpose
The purpose of this Act is to amend the Building Act 1993—
(a)to clarify the purposes and objectives of that Act; and
(b)to clarify the functions and powers of the Building Commission and the Plumbing Industry Commission; and
(c)to make other minor changes to improve the operation of that Act.
2Commencement
This Act comes into operation on the day after the day on which it receives the Royal Assent.
3New section 1 substituted
For section 1 of the Building Act 1993 substitute—
"1 Purposes
The main purposes of this Act are—
(a)to regulate building work and building standards; and
(b)to provide for the accreditation of building products, construction methods, building components and building systems; and
(c)to provide an efficient and effective system for issuing building and occupancy permits and administering and enforcing related building and safety matters and resolving building disputes; and
(d)to regulate building practitioners and plumbers; and
(e)to regulate plumbing work and plumbing standards; and
(f)to provide for the accreditation, certification and authorisation of plumbing work, products and materials; and
(g)to regulate cooling tower systems; and
(h)to limit the periods within which building actions and plumbing actions may be brought.".
4New section 4 substituted
For section 4 of the Building Act 1993 substitute—
"4 Objectives of Act
(1)The objectives of this Act are—
(a)to protect the safety and health of people who use buildings and places of public entertainment;
(b)to enhance the amenity of buildings;
(c)to promote plumbing practices which protect the safety and health of people and the integrity of water supply and waste water systems;
(d)to facilitate the adoption and efficient application of—
(i)national building standards; and
(ii)national plumbing standards;
(e)to facilitate the cost effective construction and maintenance of buildings and plumbing systems;
(f)to facilitate the construction of environmentally and energy efficient buildings;
(g)to aid the achievement of an efficient and competitive building and plumbing industry.
(2)It is the intention of Parliament that in the administration of this Act regard should be had to the objectives set out in subsection (1).".
5New heading Division 2 of Part 9 substituted
For the heading to Division 2 of Part 9 of the Building Act 1993 substitute—
"Division 2—Limitation of actions".
6New section 196 substituted
For section 196 of the Building Act 1993 substitute—
"196 Functions of the Building Commission
The functions of the Building Commission are—
(a)to monitor and enforce compliance with the provisions of this Act and the regulations relating to building and building practitioners;
(b)to participate on behalf of Victoria in the development of national building standards;
(c)to monitor developments relevant to the regulation of building standards in Victoria;
(d)to monitor the system of collection of the building permit levy;
(e)to administer the Building Administration Fund;
(f)to disseminate information (including dissemination to consumers) on matters relating to building standards and the regulation of buildings and building practitioners;
(g)to disseminate information on matters relating to the registration of cooling tower systems;
(h)to provide information and training to assist persons and bodies in carrying out functions under this Act or the regulations (except Part 12A and the regulations under that Part);
(i)to charge and collect fees (determined in accordance with this Act) for information and training services provided by it;
(j)to promote the resolution of consumer complaints about work carried out by builders;
(k)to conduct or promote research relating to the regulation of the building industry in Victoria and to report on the outcomes of this research in its report of operations under the Financial Management Act 1994;
(l)to advise the Minister on the carrying out of the Commission's functions and powers under this Act and on any other matter referred to it by the Minister;
(m)generally to carry out any other function or duty conferred on it by or under this or any other Act or under any agreement to which the State is a party.".
7New section 196AA inserted
After section 196 of the Building Act 1993 insert—
"196AA Powers of the Commission
(1)The Commission may do all things that are necessary or convenient to enable it to perform its functions.
(2)The Commission may accept any gifts or donations of money or other property by deed, will or otherwise.".
8New section 221ZZV substituted
For section 221ZZV of the Building Act 1993 substitute—
"221ZZV Functions of the Plumbing Industry Commission
The functions of the Plumbing Industry Commission are—
(a)to administer the plumber licensing and registration system created by this Part;
(b)to promote the maintenance of adequate levels of competence among plumbers;
(c)to monitor and enforce compliance with this Part and the regulations made under this Part;
(d)to participate on behalf of Victoria in the development of national plumbing standards;
(e)to monitor developments relevant to the regulation of plumbing standards in Victoria;
(f)to provide information and training to assist persons and bodies in carrying out functions under this Part or the regulations made under this Part;
(g)to provide an information service (including to consumers) with respect to plumbing;
(h)to conduct or promote research into matters relating to the regulation of the plumbing industry in Victoria and to report on the outcomes of this research in its report of operations under the Financial Management Act 1994;
(i)to promote the resolution of consumer complaints about work carried out by plumbers;
(j)to advise the Minister on the carrying out of the Commission's functions and powers under this Act and on any other matter referred to it by the Minister;
(k)generally to carry out any other function or duty conferred on it by or under this Act or any other Act.".
9New section 221ZZVA
After section 221ZZV of the Building Act 1993 insert—
"221ZZVA Gas Safety Minister may direct the Commission
(1)The Minister administering the Gas Safety Act 1997 may give the Commission written directions concerning the exercise of the Commission's functions as it affects gas safety and persons carrying out gasfitting work, other than directions affecting one person only.
(2)The Commission must comply with those directions.".
10Amendment to section 221ZZW
After section 221ZZW(2) of the Building Act 1993 insert—
"(3)The Commission may accept any gifts or donations of money or other property by deed, will or otherwise.".
11Consequential amendments to the Building Act 1993
(1)In section 200(7)(bb)(ii) of the Building Act 1993, for "section 196(ia)" substitute "section 196(g)".
(2)In section 211(a) of the Building Act 1993 for "objects" substitute "objectives".
(3)In section 261(2)(b) of the Building Act 1993, for "section 196(ia)" substitute "section 196(g)".
12Repeal of amending Act
This Act is repealed on the first anniversary of its commencement.
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Endnotes
Minister's second reading speech—
Legislative Assembly: 19 September 2007
Legislative Council: 11 October 2007
The long title for the Bill for this Act was "A Bill for an Act to amend the Building Act 1993 and for other purposes."
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