Building (Legionella) Act 2000 (Vic)

Building (Legionella) Act 2000

Act No. 85/2000

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY MATTERS	1

1.	Purpose	1
2.	Commencement	2

PART 2—AMENDMENTS TO THE BUILDING ACT 1993 3

3.	Definitions	3
4.	Objects	3
5.	Insertion of Parts 5A, 5B and 5C	3
PART 5A—REGISTRATION OF COOLING TOWER
SYSTEMS	4
Division 1—Preliminary Matters	4

75A. Meaning of "cooling tower" 4

75AB. Meaning of "cooling tower system"	4
Division 2—Provisions Applying to Existing Systems	5

75B. Application of this Division 5

75BA. Owner must apply to register cooling tower system

within 6 months	5
75BB. Initial registration period	5
75BC. Owner must renew the registration of cooling tower
systems	6

75BD. Additional statement to be made in first renewal

application 6

75BE.	Additional fee payable for certain renewals	6
75BF.	Period of renewed registrations	7

75BG. Second and subsequent renewals	7
Division 3—Provisions Applying to All Other Cooling Tower
Systems	7

75C. Application of this Division 7

75CA. Owner must register cooling tower system	8
75CB. Additional statement to be included with application	8

i

Section Page

75CC. Registration to last for 1 year	8
75CD. Owner must renew the registration of cooling tower
systems annually	8
75CE.	Additional statement to be included with renewal
application 9
Division 4—Provisions Applying Generally	9
75D.	Requirements concerning the submission of application
forms 9
75DA. Processing of applications	10
75DB. Multiple cooling tower systems on same land	11
75DC. Commission to notify Department of Human Services of
non-compliance	11
75DD. Registration to continue pending renewal	12
75DE. Commission to be notified of change of ownership	12

75DF. Commission to be notified of other changes 13

75DG. Offence to provide false information	13
75DH. Cooling tower system register	14
PART 5B—RISK MANAGEMENT PLANS FOR
COOLING TOWER SYSTEMS	14
Division 1—General Requirements	14

75E. Meaning of "risk management plan" 14

75EA. Owner must ensure risk management plan prepared 15

75EB.	Owner must ensure risk management plan reviewed	15
75EC.	Owner must ensure service records kept	15

75ED. Plan and records must be kept on site	16
Division 2—Audit	16

75F. Risk management plan audit 16

75FA. Owner must ensure audit conducted 17

75FB. Audit certificate to be given 17

Division 3—Approved Auditors 18

75G. Meaning of "certifying body" 18

75GA. Only approved auditors may conduct audits	19
75GB. Appointment of approved auditors	19
75GC. Auditor must comply with conditions of certification	19
75GD. Offence to impersonate approved auditor	19
75GE. Conflict of interest to be avoided	20

75GF. Revocation of approval to act as an auditor 21

ii

Section Page

Division 4—Regulations 22

75H. Regulations 22

PART 5C—ENFORCEMENT OF PARTS 5A AND 5B 22

75J.	Meaning of "inspector"	22
75JA.	Identity cards	22
75JB.	General powers of inspectors	23
75JC.	Protection against self-incrimination	24
75JD.	Disclosure of information	24
75JE.	Improvement notice	25

6.	Additional Commission functions	26
7.	Building Administration Fund	26
8.	Application of Parts 5A and 5B to the Crown	27
9.	Change concerning plumbing work compliance certificate	27
10.	Insertion of section 221ZZZS	27
221ZZZS. Commission may disclose cooling tower information	28
11.	Plumbing regulations may regulate cooling towers	28
12.	Proceedings for offences	28
13.	Additional fee regulation-making power	28

PART 3—AMENDMENTS TO THE HEALTH ACT 1958 30

14. Additional regulation-making powers 30

═══════════════

ENDNOTES 32

iii

Victoria

No. 85 of 2000

Building (Legionella) Act 2000†

[Assented to 5 December 2000]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY MATTERS

1. Purpose

The purpose of this Act is

(a) to amend the Building Act 1993—

(i)  to require the registration of cooling tower systems; and

(ii)  to require the preparation and regular audit of risk management plans in relation to cooling tower systems; and

Building (Legionella) Act 2000

s. 2 Act No. 85/2000

(b) to amend the Health Act 1958 to ensure that that Act provides adequate powers to enable the making of regulations dealing with

legionellosis and other infectious diseases.

2. Commencement

(1) This section and sections 1, 3, 10, 11 and 14 come

into operation on the day after the day on which

this Act receives the Royal Assent.

(2) Subject to sub-section (4), section 9 comes into

operation on a day to be proclaimed.

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

provisions of this Act come into operation on a

day to be proclaimed.

(4) If a provision referred to in sub-section (2) or (3)

does not come into operation before 1 January

2002, it comes into operation on that day.

_______________
Building (Legionella) Act 2000

Act No. 85/2000 s. 3

PART 2—AMENDMENTS TO THE BUILDING ACT 1993

3. Definitions

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

' "approved auditor" means a person holding a

current certificate issued under section

75GB;

"cooling tower" has the meaning set out in

section 75A;

"cooling tower system" has the meaning set out in section 75AB;

"Legionella" means bacteria belonging to the genus Legionella;

"lot", in relation to land, means a piece of land

that can, at the relevant time, be disposed of
separately;

"risk management plan" has the meaning set out in section 75E;

"risk management plan audit" has the meaning set out in section 75F;'.

4. Objects

After section 4(h) of the Building Act 1993
insert—

"(i) to regulate cooling tower systems.".

5. Insertion of Parts 5A, 5B and 5C

After Part 5 of the Building Act 1993 insert—

Building (Legionella) Act 2000

s. 5 Act No. 85/2000

'PART 5A—REGISTRATION OF COOLING

TOWER SYSTEMS

Division 1—Preliminary Matters

75A. Meaning of "cooling tower"

(1) A cooling tower is a device for lowering—

(a)	the temperature of recirculated water by bringing the water into contact with fan forced, or fan induced, atmospheric air; or
(b)	the temperature of water, a refrigerant or other fluid in a pipe or other container by bringing recirculated water and fan forced, or fan induced, atmospheric air into contact with the pipe or container.

(2) An evaporative air cooler or evaporative air conditioner is not a cooling tower.

75AB. Meaning of "cooling tower system"

A cooling tower system is—

(a)	a cooling tower, or a number of interconnected cooling towers that use the same recirculating water; and
(b)	any machinery that is used to operate the tower or towers; and
(c)	any associated tanks, pipes, valves, pumps or controls.

Building (Legionella) Act 2000

Act No. 85/2000 s. 5

Division 2—Provisions Applying to Existing

Systems

75B. Application of this Division

This Division only applies to a cooling tower system that was in working condition immediately before the date section 5 of the Building (Legionella) Act 2000 came into operation.

75BA. Owner must apply to register cooling tower system within 6 months

The owner of any land on which there is a
cooling tower system must apply to register
the system with the Commission within 6 months after the date section 5 of the Building (Legionella) Act 2000 came into

operation.

Penalty:  120 penalty units.

75BB. Initial registration period

(1) The initial registration of a cooling tower

system to which this Division applies is valid
for the period specified in the certificate of
registration issued in respect of the system.

(2) The Commission may specify a period of between 12 months and 18 months on an initial certificate of registration issued in respect of a cooling tower system to which

this Division applies.
Building (Legionella) Act 2000

s. 5 Act No. 85/2000

75BC. Owner must renew the registration of

cooling tower systems

The owner of any land on which there is a registered cooling tower system must apply to renew the registration under this Division before the registration is due to expire.

Penalty:  60 penalty units.

75BD. Additional statement to be made in first

renewal application

A person applying to renew the registration of a cooling tower system under this Division for the first time must include with the application form a statement as to whether or not a risk management plan has been prepared in respect of the system.

75BE. Additional fee payable for certain renewals
(1) This section applies if an initial registration
period of more than 12 months was granted

under section 75BB in respect of a cooling

tower system.

(2) In addition to any other fee the owner is

liable to pay in applying to renew the initial
registration of the system, the owner must
also pay an amount calculated as follows—
(RP - 365) x F

365 where— RP is the length of the initial registration

period in days;

F is the fee paid for the initial

registration.
Building (Legionella) Act 2000

Act No. 85/2000 s. 5

75BF. Period of renewed registrations

A registration of a cooling tower system that is renewed under this Division expires on the day before the anniversary of the day the

initial registration expired.

75BG. Second and subsequent renewals

A person applying for the second, and each subsequent, renewal of registration of a cooling tower system under this Division must include with the application form—

(a)	a statement that a risk management plan has, or has not, been prepared in respect of the system; and
(b)	if a risk management plan has been prepared in respect of the system, a statement that the plan—

(i)  has, or has not, been reviewed in the 12 months before the statement was made; and

(ii)  was, or was not, the subject of a risk management plan audit in the 3 months before the registration was due to expire.

Division 3—Provisions Applying to All Other

Cooling Tower Systems

75C. Application of this Division

This Division applies to any cooling tower system to which Division 2 does not apply.

Building (Legionella) Act 2000

s. 5 Act No. 85/2000

75CA. Owner must register cooling tower system
(1) The owner of any land on which there is a

cooling tower system must apply to register the system with the Commission before the system is brought into operation.

Penalty:  120 penalty units.

(2) A reference to bringing a cooling tower

system into operation in this section includes a reference to the conduct of tests associated with the installation or commissioning or re- commissioning of the system.

75CB. Additional statement to be included with

application

A person applying to register a cooling tower system under this Division must include with the application form a statement as to

whether or not a risk management plan has

been prepared in respect of the system.

75CC. Registration to last for 1 year

The registration of a cooling tower system expires on the day before the anniversary of the date it was first registered.

75CD. Owner must renew the registration of

cooling tower systems annually

The owner of any land on which there is a cooling tower system must apply to renew the registration of the system before the

registration is due to expire. Penalty: 60 penalty units.

Building (Legionella) Act 2000

Act No. 85/2000 s. 5

75CE. Additional statement to be included with

renewal application

A person applying to renew the registration of a cooling tower system under this Division must include with the application form—

(a)	a statement that a risk management plan has, or has not, been prepared in respect of the system; and
(b)	if a risk management plan has been prepared in respect of the system, a statement that the plan—

(i)  has, or has not, been reviewed in the 12 months before the statement was made; and

(ii)  was, or was not, the subject of a risk management plan audit in the 3 months before the registration was due to expire.

Division 4—Provisions Applying Generally

75D. Requirements concerning the submission of

application forms

(1) If a person is required to apply to register, or to renew the registration of, a cooling tower system, the person must—

(a)	submit the appropriate application form to the Commission; and
(b)	submit with the form any relevant fee required under this Act.

Building (Legionella) Act 2000

s. 5 Act No. 85/2000

(2) Any form or statement that is required under

this Part—

(a)

must be prepared in accordance with regulations; and

(b)	must include all the details required by the regulations; and
(c)	must be submitted in accordance with the regulations.

75DA. Processing of applications

(1) The Commission must give a person who

applies for the registration, or the renewal of registration, of a cooling tower system under this Part—

(a)	a certificate of registration, or renewal of registration, for the system that states the date on which the registration or renewal occurred; or
(b)	a written notice stating that the application has been deferred due to a failure to comply with one or more specified requirements of this Part.

(2) If the Commission advises a person that an

application has been deferred, the notice
must also—

(a)	give details of the failure that caused the deferral; and
(b)	specify a date by which the person must remedy the failure.

(3) Sub-section (1) applies to any information, statement or fee submitted in response to a notice given under sub-section (1)(b) as if it

were an application for registration or
renewal of registration.

Building (Legionella) Act 2000

Act No. 85/2000 s. 5

(4) If the Commission defers an application and

the person who submitted the application
does not remedy the failure that caused the
deferral by the date specified under sub-
section (2)(b) (or any later date allowed by
the Commission in writing)—

(a)	the application lapses and the person is not entitled to have any fee submitted in relation to the application refunded; and
(b)	for the purposes of this Part, the person is to be treated as if the person had not submitted the application.

75DB. Multiple cooling tower systems on same

land

(1) This section applies if there are 2 or more cooling tower systems on a lot of land.

(2) The owner of the land is only required to submit one application for registration in respect of the cooling tower systems, but must—

(a)	give details of each system in the application; and
(b)	make a separate statement under section 75BD, 75BG, 75CB or 75CE (as the case may be) in respect of each system.

75DC. Commission to notify Department of
Human Services of non-compliance

(1) The Commission must notify the Secretary

to the Department of Human Services if a
statement is made—

Building (Legionella) Act 2000

s. 5 Act No. 85/2000

(a)	under section 75BD, 75BG, 75CB or 75CE that a risk management plan has not been prepared; or
(b)	under section 75BG(b)(i) or 75CE(b)(i) that a risk management plan has not been reviewed in the 12 months before the statement was made; or
(c)	75CE(b)(ii) that a risk management

under section 75BG(b)(ii) or within the specified time.

(2) A notification under this section need only

be made after the application for registration,
or renewal of registration, in respect of
which the statement was made has been
granted.

75DD. Registration to continue pending renewal
(1) This section applies if a person applies for

the renewal of the registration of a cooling

tower system before the registration is due to

expire.

(2) Despite anything to the contrary in this Part,

the registration is deemed to continue until—

(a) a certificate of the renewal of the registration is issued; or

(b) the application lapses or is withdrawn.

75DE. Commission to be notified of change of

ownership

(1) This section applies if the ownership of any

land on which there is a cooling tower
system changes.

Building (Legionella) Act 2000

Act No. 85/2000 s. 5

(2) Within 30 days after the date the ownership

of the land changes, the new owner of the
land must notify the Commission in writing
of the change of ownership.
Penalty: 10 penalty units.

75DF. Commission to be notified of other changes

(1) A person who holds a certificate of

registration in respect of a cooling tower
system must notify the Commission of any
of the following events within 30 days after

the completion of the event—

(a)	the addition or removal of a cooling tower to, or from, the system;
(b)	the removal, or permanent decommissioning, of the system;
(c)	the relocation of the system on the lot of land on which it stands.

Penalty: 10 penalty units.

(2) A notification—

(a)	must be made in the form and manner required by the regulations; and
(b)	must contain the details required by the regulations.

75DG. Offence to provide false information

A person must not make any false statement,
or give any false information, in an
application for the registration, or the
renewal of registration, of a cooling tower
system.
Penalty: 10 penalty units.

Building (Legionella) Act 2000

s. 5 Act No. 85/2000

75DH. Cooling tower system register

(1) The Commission must keep a register

containing—

(a)	details of the location and type of each cooling tower system that the Commission has registered; and
(b)

any other information in relation to regulations.

(2) The Commission must ensure that the

register is available for inspection by any
person wishing to inspect it during the

Commission's normal office hours.

PART 5B—RISK MANAGEMENT PLANS FOR

COOLING TOWER SYSTEMS

Division 1—General Requirements

75E. Meaning of "risk management plan"

(1) A risk management plan for a cooling tower

system is a document that identifies risks associated with the use of the system and that sets out the steps to be taken—

(a) to manage the risks; and

(b) to ensure compliance with any requirements relating to the system imposed by, or under, this Act or the Health Act 1958.

(2) A risk management plan must—

(a)	address the risks specified in the regulations; and
(b)	include any other matters required by the regulations.

Building (Legionella) Act 2000

Act No. 85/2000 s. 5

75EA. Owner must ensure risk management plan

prepared

The owner of any land on which there is a cooling tower system must take all reasonable steps to ensure that a risk management plan is prepared in respect of the system—

(a)	in the case of a system to which Division 2 of Part 5A applies—before the initial registration of the system is due to expire;
(b)	in the case of a system to which Division 3 of Part 5A applies—before the system is brought into operation within the meaning of section 75CA.
Penalty:	60 penalty units.

75EB. Owner must ensure risk management plan

reviewed

(1) The owner of any land on which there is a cooling tower system must take all

reasonable steps to ensure that the risk
management plan prepared in respect of the
system is reviewed, and, if necessary,
updated, at least once in every registration

period.

Penalty:  60 penalty units.

(2) Despite sub-section (1), in the case of a

cooling tower system to which Division 2 of Part 5A applies, it is not necessary to review the risk management plan for the system in

the initial registration period.

75EC. Owner must ensure service records kept

Building (Legionella) Act 2000

s. 5 Act No. 85/2000

The owner of any land on which there is a cooling tower system must take all reasonable steps to ensure—

(a)	that a record is kept of all repair, maintenance and testing work that is carried out on the system; and
(b)	that the record is kept for at least 7 years after it was created.
Penalty:	60 penalty units.

75ED. Plan and records must be kept on site

The owner of any land on which there is a cooling tower system must take all reasonable steps to ensure that the risk management plan in respect of the system and any records required by section 75EC in relation to the system are kept—

(a)	at the building in which the system is in or on; or
(b)	if the system is not in or on a building, at a building on the lot of land on which the system is located.
Penalty:	60 penalty units. Division 2—Audit

75F. Risk management plan audit

(1) A risk management plan audit is an audit by

an approved auditor in relation to the risk management plan prepared in respect of a cooling tower system to determine—

(a) whether the plan complies with section 75E(2); and

(b) whether the plan is being implemented.

Building (Legionella) Act 2000

Act No. 85/2000 s. 5

(2) In conducting a risk management plan audit,

the auditor must inspect all the documents
relating to the cooling tower system that are
specified by the regulations for the purposes
of this section.

(3) A risk management plan audit does not

require the auditor—

(a) to determine whether the plan has, in fact, adequately controlled the risks associated with the use of a cooling tower system; or

(b) to inspect the system.

75FA. Owner must ensure audit conducted

(1) The owner of any land on which there is a

cooling tower system must take all
reasonable steps to ensure that a risk
management plan audit is conducted in
relation to the risk management plan
prepared in respect of the system in the
3 months before the registration of the
system is due to expire.
Penalty: 60 penalty units.

(2) An owner of land is not excused from

complying with this section merely because
the carrying out of the audit can only be

done at the owner's expense.

(3) Despite sub-section (1), in the case of a

cooling tower system to which Division 2 of audit of the system's risk management plan need not be conducted in the initial registration period.

75FB. Audit certificate to be given
Building (Legionella) Act 2000

s. 5 Act No. 85/2000

(1) After conducting a risk management plan

audit, an approved auditor must give the
person who commissioned the audit a
certificate stating the auditor's opinion on—

(a) whether the plan complies with section 75E(2); and

(b) whether the plan is being implemented. (2) The certificate must be in the form, and

contain the details, required by the

regulations.

(3) If the auditor is of the opinion—

(a)	that the plan does not comply with section 75E(2); or
(b)	that the plan is not being implemented—

he or she must also give a copy of the
certificate to the Secretary to the Department
of Human Services within 3 business days
after forming that opinion.
Penalty: 60 penalty units.

(4) If the auditor is of the opinion described in

sub-section (3), he or she must include in the
certificate details of the reasons why he or
she is of that opinion.

Division 3—Approved Auditors

75G. Meaning of "certifying body"

In this Division, "certifying body" means the Secretary to the Department of Human Services or any person or body who the

regulations state is to be able to make certifications for the purposes of this Division.

Building (Legionella) Act 2000

Act No. 85/2000 s. 5

75GA. Only approved auditors may conduct audits

A person must not conduct a risk management plan audit unless he or she is an approved auditor.

Penalty:  60 penalty units for a first offence and 120 penalty units for a second or subsequent offence.

75GB. Appointment of approved auditors

(1) A certifying body may certify in writing that

a natural person is competent to conduct a
risk management plan audit.

(2) In certifying a person, the certifying body—

(a)

may impose any conditions on the considers to be appropriate; and

(b) may specify for how long the certificate remains current.

(3) If the regulations provide for the payment of

any fee in relation to a certification, the
certifying body must not certify a person
until the person has paid the fee.

75GC. Auditor must comply with conditions of

certification

An approved auditor must comply with any condition imposed by the certifying body in certifying him or her to be an auditor.

Penalty:  60 penalty units for a first offence and 120 penalty units for a second or subsequent offence.

75GD. Offence to impersonate approved auditor

A person must not—
Building (Legionella) Act 2000

s. 5 Act No. 85/2000

(a)	use or take the title "approved auditor" in relation to the conduct of a risk management plan audit; or
(b)	directly or indirectly represent that he or she is approved or authorised to conduct a risk management plan audit—

unless the person is an approved auditor.

Penalty:  60 penalty units for a first offence and 120 penalty units for a second or subsequent offence.

75GE. Conflict of interest to be avoided

(1) In this section "interested person", in

relation to a cooling tower system, means all

of the following—

(a) a person who owns the system; and

(b)	the owner of the land on which the system stands; and
(c)	a person who has the management and control of the system; and
(d)	a person who was involved in the construction or installation of the system; and
(e)	a person who was involved in the maintenance or testing of the system during the period covered by an audit; and
(f)	a person who has written, or has assisted in the writing of, a risk management plan for the system.

(2) A person must not conduct a risk management plan audit of the risk management plan of a cooling tower system

Building (Legionella) Act 2000

Act No. 85/2000 s. 5

if the person is an interested person, or is an employee or officer of an interested person. Penalty: 60 penalty units for a first offence

and 120 penalty units for a second
or subsequent offence.

(3) A person must not conduct a risk management plan audit of a risk management plan as an employee of another

person if any other employee of that other
person has written, or has assisted in

preparing, that plan.

Penalty:  60 penalty units for a first offence and 120 penalty units for a second or subsequent offence.

75GF. Revocation of approval to act as an auditor A certifying body may, after giving a person a chance to be heard, revoke that person's

certification as an approved auditor if the

certifying body is satisfied that—

(a)	the certification was granted on the basis of fraud, misrepresentation or the concealment of facts; or
(b)

the person has failed to comply with approved auditors; or

(c)	the person is not sufficiently competent to carry out risk management plan audits; or
(d)	the person has been guilty of any fraudulent conduct in carrying out an audit; or
(e)	the person has not satisfactorily carried out 2 or more risk management plan audits.

Building (Legionella) Act 2000

s. 5 Act No. 85/2000

Division 4—Regulations

75H. Regulations

The Governor in Council may make regulations for or with respect to—

(a)	specifying the matters to be included in risk management plans;
(b)	specifying how risk management plans are to be reviewed and updated;
(c)	specifying the form and manner, and the matters to be included in, any records that are required to be kept under this Part;
(d)	prescribing fees in relation to the certification of approved auditors;
(e)

generally providing for any other this Part to be prescribed or necessary to be prescribed to give effect to this Part.

PART 5C—ENFORCEMENT OF PARTS 5A AND

5B

75J. Meaning of "inspector"

In this Part, "inspector" means any person authorised by the Secretary to the Department of Human Services for the purposes of this Part.

75JA. Identity cards

Building (Legionella) Act 2000

Act No. 85/2000 s. 5

(1) The Secretary to the Department of Human Services must issue an identity card to each inspector.

(2) An identity card issued to a person—

(a)	must contain a photograph of the person; and
(b)	must contain the signature of the person; and

(c) must be signed by the Secretary.

(3) An inspector must produce his or her identity card for inspection—

(a)	before exercising a power under this Part other than a requirement made by post; and
(b)	at any time during the exercise of a power under this Part, if asked to do so.

Penalty applying to this sub-section:

10 penalty units.

75JB. General powers of inspectors

For the purposes of this Part and Parts 5A and 5B, Division 2 (Powers of entry) of Part 13 (other than sections 228 and 231H) applies as if—

(a)	a reference to an authorised person was a reference to an inspector; and
(b)	a reference in section 229 to "any inspection of a building or building work or plumbing work authorised or required under this Act or the regulations" was a reference to an inspection to determine whether or not this Part or Part 5A or 5B is being complied with; and

Building (Legionella) Act 2000

Act No. 85/2000

(c)	a reference in sections 231, 231B, 231F and 234A to this Act or the regulations was a reference to this Part or Part 5A or 5B or any regulations made under, or
in relation to, this Part or Part 5A or 5B; and
(d)	a reference in section 231F(2) to building work or the work of a building practitioner or the carrying out of that work was a reference to any cooling tower system on the premises; and
(e)	a reference to an identity card was a reference to an identity card issued under this Division.

75JC. Protection against self-incrimination

(1) It is a reasonable excuse for a natural person to refuse or fail to give information or do any other thing that the person is required to do

by or under this Part, if the giving of the
information or the doing of that other thing
would tend to incriminate the person.

(2) Despite sub-section (1), it is not a reasonable

excuse for a natural person to refuse or fail
to produce a document that the person is
required to produce by or under this Part, if
the production of the document would tend
to incriminate the person.

75JD. Disclosure of information

(1) In this section—

Building (Legionella) Act 2000

Act No. 85/2000 s. 5

"relevant function" means a function under an Act that relates—

(a)	to the registration or operation of cooling tower systems; or
(b)	device or equipment that may give rise to, harbour, propagate,

to the operation of any other Legionella; or

(c) to stopping, limiting or
preventing the spread of
Legionella.

(2) An inspector who obtains information while

acting as an inspector may disclose the
information to any person carrying out a
relevant function if the inspector reasonably
believes that the information may assist that
person in carrying out that function.

(3) Despite anything to the contrary in any other Act, a person carrying out a relevant function who obtains information while carrying out

that function may disclose the information to
an inspector if the person reasonably
believes that the information may assist the

inspector in carrying out a relevant function.

75JE. Improvement notice

(1) This section applies if an inspector is

satisfied that a person—

(a) is contravening Part 5A or 5B; or

(b) has contravened Part 5A or 5B in circumstances that make it likely that the contravention will occur again.

(2) The inspector may issue to the person an improvement notice requiring the person to

Building (Legionella) Act 2000

s. 6 Act No. 85/2000

take specified action within a specified
period to stop the contravention, or failure to
comply, from continuing or occurring again.

(3) The person must comply with the notice. Penalty: 10 penalty units.'.

6. Additional Commission functions

After section 196(i) of the Building Act 1993
insert—

"(ia) to disseminate information on matters

relating to the registration of cooling tower

systems;".

7. Building Administration Fund

(1) After section 200(2)(c) of the Building Act 1993

insert—

"; and

(d) the cooling tower systems account.".

(2) After section 200(3A) of the Building Act 1993

insert—

"(3B) Any fees received by, or on behalf of, the

Commission under Part 5A must, once they have been paid into the fund, be credited to the cooling tower systems account.".

(3) After section 200(5)(b) of the Building Act 1993

insert—

"; or

(c) out of the cooling tower systems account in accordance with sub-section (7B) or (7C).".

(4) After section 200(7)(ba) of the Building Act 1993

insert—

"; and

Building (Legionella) Act 2000

Act No. 85/2000 s. 8

(bb) in accordance with sub-section (7B)—

(i)  any costs and expenses incurred by the Commission in the administration of Part 5A; and

(ii)  any costs and expenses incurred by the Commission in carrying out its functions under section 196(ia); and".

(5) After section 200(7A) of the Building Act 1993

insert—

"(7B) Amounts may be paid out of the cooling

tower systems account towards the costs and expenses referred to in sub-section (7)(bb), if authorised by the Commission.

(7C) Amounts may be paid out of the cooling

tower systems account to the Consolidated Fund, if authorised by the Minister and the Minister administering the Health Act

1958.".

8. Application of Parts 5A and 5B to the Crown

In section 217(1) of the Building Act 1993, after
"Parts 2, 3, 4, 5," insert "5A, 5B,".

9.  Change concerning plumbing work compliance certificate

After section 221ZH(1)(c) of the Building Act

1993 insert—

"; and

(d) the construction, installation, alteration, relocation or replacement of a cooling tower or of any other part of a cooling tower system (including the installation or replacement of any associated device or equipment).".

10. Insertion of section 221ZZZS

Building (Legionella) Act 2000

s. 13 Act No. 85/2000

After section 221ZZZR of the Building Act 1993 insert—

"221ZZZS. Commission may disclose cooling tower

information

The Commission may disclose any
information it obtains under this Part that
relates to a cooling tower system to the
Building Control Commission and the
Secretary to the Department of Human

Services.".

11. Plumbing regulations may regulate cooling towers

After section 221ZZZV(1)(g) of the Building Act
1993 insert—
"(ga) regulating the construction, installation,

alteration, relocation or replacement of a cooling tower or of any part of a cooling tower system;

(gb) requiring the installation and use of specified

devices or equipment in cooling towers or
cooling tower systems, including in existing
cooling towers and cooling tower systems;".

12. Proceedings for offences

After section 241(1) of the Building Act 1993 insert—

"(1A) Proceedings for an offence against Part 5A,

5B or 5C or any regulations relating to
cooling tower systems (other than
regulations made under Part 12A) may be
brought by an inspector within the meaning
Part 5C.".

13. Additional fee regulation-making power

(1) After section 261(k) of the Building Act 1993

insert—

Building (Legionella) Act 2000
Act No. 85/2000

"(ka) fees payable for the registration or renewal

of registration of cooling tower systems,
including application fees;".

(2) At the end of section 261 of the Building Act

1993 insert—

"(2) Fees imposed by regulations made under

section 261(1)(ka) may be imposed for any

or all of the following purposes—

(a)	to cover the costs of administering and enforcing Parts 5A and 5B; and
(b)	to cover the costs incurred by the Commission in carrying out its functions under section 196(ia); and
(c)	to cover the costs incurred by the Secretary to the Department of Human Services in carrying out any function conferred on the Secretary by or under any Act in relation to cooling tower systems or the eradication, prevention or control of Legionella; and
(d)	activities relating to the eradication,

to enable education and research be undertaken.".

_______________
Building (Legionella) Act 2000

s. 14 Act No. 85/2000

PART 3—AMENDMENTS TO THE HEALTH ACT 1958

14. Additional regulation-making powers

(1) In section 146(1) of the Health Act 1958—

(a) after paragraph (c)(ii) insert—

"; and

(iia) the use, cleaning, maintenance,

examination, testing and
decontamination of any place or thing
likely to give rise to, harbour,
propagate, or contribute to the spread

of, any infectious disease; and";

(b) after paragraph (c)(vi) insert—

"; and

(vii)

the preparation, maintenance and thing referred to in this paragraph; and";

(c) after paragraph (l)(i)(C) insert—

"; and

(D) the preparation, maintenance and

availability of records in relation to the
premises or anything at the premises;
and".

(2) After section 146(2)(d) of the Health Act 1958

insert—

"; and

(e) may provide in a specified case or class of case for the exemption of people or things from any of the provisions of the regulations,

whether unconditionally or on specified

Building (Legionella) Act 2000

Act No. 85/2000 s. 14

conditions, and either wholly or to such

extent as is specified.".

═══════════════
Building (Legionella) Act 2000

Endnotes Act No. 85/2000

ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 2 November 2000

Legislative Council: 22 November 2000

The long title for the Bill for this Act was "to amend the Building Act
1993 and the Health Act 1958 and for other purposes."