Building Amendment (Places of Public Entertainment) Regulations 2013 (Vic)

Building Amendment (Places of Public Entertainment) Regulations 2013

S.R. No. 97/2013

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3New regulation 1102 substituted

1102Prescribed classes of buildings or places

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STATUTORY RULES 2013

S.R. No. 97/2013

Building Act 1993

Building Amendment (Places of Public Entertainment) Regulations 2013

The Governor in Council makes the following Regulations:

Dated: 9 July 2013

Responsible Minister:

MATTHEW GUY
Minister for Planning

MATTHEW McBEATH

Acting Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Building Regulations 2006 to further prescribe classes of places for the purposes of the definition of place of public entertainment in the Act.

2Authorising provisions

These Regulations are made under sections 7 and 261 of the Building Act 1993.

3New regulation 1102 substituted

For regulation 1102 of the Building Regulations 2006[1] substitute—

"1102   Prescribed classes of buildings or places

(1)For the purposes of the definition of place of public entertainment in section 3 of the Act—

(a)Class 9b buildings having an area greater than 500 m² and prescribed temporary structures are prescribed classes of buildings; and

(b)places having an area greater than 500 m² are a prescribed class of places unless—

(i)the place is used for the purposes of conducting an event or activity which is organised and controlled by a community-based organisation; and

(ii)the number of persons in the place at any one time during the event or activity does not exceed 5000.

Example

A place used for a public market conducted by a Rotary club would not be a place of the class of places prescribed under paragraph (b) if the number of persons in the place at any one time did not exceed 5000.

(2)For the purposes of this regulation, community-based organisation means a body, whether or not a corporate body, that—

(a)is not established primarily for the purposes of profit or gain; and

(b)does not distribute any part of any profit or gain made in the conduct of its activities to any member of the organisation; and

(c)operates in a community wholly for—

(i)a philanthropic or benevolent purpose, including the promotion of art, culture, science, religion, education or charity; or

(ii)any sporting or recreational purpose, including the benefiting of any sporting or recreational club or association.".

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ENDNOTES

[1] Reg. 3: S.R. No. 68/2006.  Reprint No. 2 as at 25 October 2011.  Reprinted to S.R. No. 92/2011.  Subsequently amended by S.R. Nos 73/2011 and 63/2012.