Building (Building Legislation Amendment Act 2023) Transitional Regulations 2024 (Vic)

Version No. 001

Building (Building Legislation Amendment Act 2023) Transitional Regulations 2024

S.R. No. 82/2024

Version as at

3 September 2024

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3References relating to draftspersons

4Revocation of these Regulations

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Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 001

Building (Building Legislation Amendment Act 2023) Transitional Regulations 2024

S.R. No. 82/2024

Version as at

3 September 2024

1Objective

The objective of these Regulations is to provide for matters of a savings or transitional nature arising as a result of the amendments made by the Building Legislation Amendment Act 2023 to the Building Act 1993 relating to changes to the categories of building practitioners.

2Authorising provision

These Regulations are made under section 286 of the Building Act 1993.

3References relating to draftspersons

On or after 1 February 2024, a reference to a draftsperson, or a draftsperson who carries on a business of preparing plans for building work or preparing documentation relating to permits or permit applications, in an instrument made under or for the purposes of the Building Act 1993 or any other document (by whatever name) prepared or made under or for the purposes of that Act, must be construed as a reference to a building designer so far as the reference relates to any period on or after 1 February 2024 unless the contrary intention appears.

4Revocation of these Regulations

These Regulations are revoked on 30 June 2025.

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ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Building (Building Legislation Amendment Act 2023) Transitional Regulations 2024, S.R. No. 82/2024 were made on 3 September 2024 by the Governor in Council under section 286 of the Building Act 1993, No. 126/1993 and came into operation on 3 September 2024.

The Building (Building Legislation Amendment Act 2023) Transitional Regulations 2024 will be revoked on 30 June 2025: see regulation 4.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Building (Building Legislation Amendment Act 2023) Transitional Regulations 2024 by statutory rules, subordinate instruments and Acts.

3   Explanatory details

No entries at date of publication.