Building Legislation Amendment and Other Matters Act 2024 (Vic)
Building Legislation Amendment and Other Matters Act 2024
No. 43 of 2024
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendment of Building Act 1993
Division 1—Request to council relating to protection work
3New sections 84A and 84B inserted
4General regulation-making powers
Division 2—Building notices and building orders
5Contents and form of building notice
6Building orders—general
7Section 113 substituted
Division 3—Limitations on time
8Limitation on time when building action may be brought
9Limitation on time when plumbing action may be brought
Division 4—Insurance for persons with automatic deemed registration
10Proof of insurance for persons intending to rely on automatic deemed registration
11Annual fee, proof of insurance and training plan report
12Application for licensing or registration as a plumber
13Application for renewal of licence or registration as a plumber
Division 5—Compliance certificates
14Payments out of the Plumbing account
15Definitions applying to Part 12A
16Compliance certificate must be given for most plumbing work
17Details that must appear on a compliance certificate
18Details on certificates must be accurate
19Issue of certificates by the Authority
20Provisions concerning the supply of certificate forms
21New sections 221ZNA and 221ZNB inserted
22Transitional and savings provisions—Building Legislation Amendment and Other Matters Act 2024
23Schedule 5 amended
Division 6—Other amendments to the Building Act 1993
24Definitions and interpretation
25Incorporation by reference
26Refusal of building permit
27A private building surveyor may transfer functions relating to building work to another building surveyor
28Application for modification of building regulations relating to access for persons with disabilities
29Offence to carry out work as a building practitioner unless registered
30Guidelines
31Decision guidelines on design and siting of single dwellings
32Delegation by the Authority
33Payments out of the Building account
34Membership and procedure—Building Regulations Advisory Committee
35Definitions applying to Part 12A
36Meaning of plumbing regulations
37Compulsory inspections
38Regulations
39Incorporation by reference of Plumbing Code of Australia or other document by regulations
40Additional regulation-making powers
41New sections 287 and 288 inserted
42Schedule 1 amended
43New clause 5A of Schedule 3 inserted
Part 3—Amendment of Architects Act 1991
Division 1—Amendments related to registration, approvals and fit and proper person test
44Definitions
45Approval of a partnership
46Approval of a company
47Division 3 of Part 3 heading substituted
48New sections 15AA to 15AAI inserted
49Section 15 repealed
50Proof of required insurance
51Continuing professional development requirements
52New section 15C inserted
53New Division 1AA of Part 4 inserted
54Grounds for disciplinary action against a registered architect
55Immediate suspension of registration
56Effect of suspension or variation
57Review by VCAT—architects
58Review by VCAT—approved partnerships and approved companies
59Regulations
60New Division 5 of Part 10 inserted
Division 2—Amendments relating to fees
61Regulations
Part 4—Amendment of Victorian Planning Authority Act 2017
62New section 46AA inserted
Part 5—Repeal of this Act
63Repeal of this Act
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Endnotes
1 General information
Building Legislation Amendment and Other Matters Act 2024
No. 43 of 2024
[Assented to 12 November 2024]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purposes
The purposes of this Act are—
(a)to amend the Building Act 1993—
(i)to provide for a property owner carrying out protection work to request that a council provide the name and address of an adjoining owner; and
(ii)to further provide that building notices and certain building orders may be served or made in relation to the taking of necessary action in certain circumstances; and
(iii)to clarify the circumstances in which a building order to carry out work or action of a minor nature may be made; and
(iv)to extend the limitation times within which building actions and plumbing actions may be brought in certain circumstances; and
(v)in relation to the requirements on building practitioners and plumbers, who rely on automatic deemed registration, to produce proof of being covered by the required insurance; and
(vi)to provide further for amounts to be paid out of the Plumbing account; and
(vii)in relation to compliance certificate forms and compliance certificates for plumbing work; and
(viii)to insert new offences, which are infringeable offences, for incorrect use of a compliance certificate; and
(ix)to enable circumstances to be prescribed in which relevant building surveyors must not issue building permits; and
(x)in relation to forms for the transfer of private building surveyor functions; and
(xi)to clarify the kinds of work that a registered building surveyor may carry out; and
(xii)to require the Authority to have regard to the Minister's guidelines when determining fees for classes of building employee; and
(xiii)in relation to the Minister's power to issue guidelines for single dwellings; and
(xiv)to provide further for amounts to be paid out of the Building account; and
(xv)to insert additional regulation-making powers, including powers for prohibiting the connection of reticulated gas or extending the capacity of an existing reticulated gas connection and the installation or replacement of reticulated gas appliances; and
(xvi)to alter the governance arrangements for the Building Appeals Board; and
(xvii)to make miscellaneous and other consequential amendments; and
(b)to amend the Architects Act 1991—
(i)to provide for the renewal of registration of architects and approvals of partnerships and companies on an annual basis; and
(ii)to require architects to give a statement to the Architects Registration Board of Victoria as to whether they are fit and proper persons on an annual basis; and
(iii)to clarify the regulation-making powers to prescribe fees for the purposes of that Act; and
(iv)to make other consequential and related amendments; and
(c)to amend the Victorian Planning Authority Act 2017 in relation to the period in which a proceeding may be commenced for a summary offence under Division 4 of Part 2 of that Act.
2Commencement
(1)This Part, Divisions 2, 3, 4 and 6 of Part 2, Division 2 of Part 3 and Parts 4 and 5 come into operation on the day after the day on which this Act receives the Royal Assent.
(2)Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
(3)If a provision referred to in subsection (2) does not come into operation before 13 August 2025, it comes into operation on that day.
PART 2—AMENDMENT OF BUILDING ACT 1993
Division 1—Request to council relating to protection work
3New sections 84A and 84B inserted
After section 84 of the Building Act 1993 insert—
"84A Owner must make reasonable inquiries to find name and address of adjoining owner
(1)An owner, who is required to serve a notice of proposed building work on the owner of an adjoining property under section 84(1), must take reasonable steps to find the name and address of the owner of the adjoining property for the purpose of serving that notice.
(2)If an owner cannot find the name and address of the owner of an adjoining property under subsection (1), that owner may make a written request to the relevant council for the name and address of the owner of the adjoining property for the purpose of serving the notice of proposed building work on that owner.
(3)A request under subsection (2) must—
(a)include any prescribed information; and
(b)be accompanied by—
(i)any prescribed documents; and
(ii)the prescribed fee.
84BCouncil may disclose name and address of owner of adjoining property
A relevant council that receives a request under section 84A(2) may disclose the name and address of the owner of an adjoining property to the person who made the request if satisfied that the person will use the name and address for the purpose of serving a notice of proposed building work on the owner of the adjoining property under section 84(1).".
4General regulation-making powers
After section 261(1)(n) of the Building Act 1993 insert—
"(na)requiring a statutory declaration to be given to a relevant council when a request is made to that council under section 84A(2);".
Division 2—Building notices and building orders
5Contents and form of building notice
After section 108(1A) of the Building Act 1993 insert—
"(1B)If a municipal building surveyor or a private building surveyor is of the opinion that—
(a)a circumstance referred to in section 106(d) exists in relation to a building, land or place of public entertainment or building work that is being or is proposed to be carried out on the building, land or place; and
(b)certain action is necessary to remove or to wholly or partially reduce, or to contribute to removing or to wholly or partially reducing, the circumstance—
a building notice caused to be served by the relevant building surveyor under section 106 may require the owner of the building, land or place to show cause within a specified period why the owner should not take the action that is necessary and is specified in the notice.".
6Building orders—general
After section 111(5) of the Building Act 1993 insert—
"(5A)If a municipal building surveyor or a private building surveyor is of the opinion that—
(a)a circumstance referred to in section 106(d) exists in relation to a building, land or place of public entertainment or building work that is being or is proposed to be carried out on the building, land or place; and
(b)certain action is necessary to remove or to wholly or partially reduce, or to contribute to removing or to wholly or partially reducing, the circumstance—
a building order made by the relevant building surveyor under this section may direct the owner of the building, land or place to take the action that is necessary.".
7Section 113 substituted
For section 113 of the Building Act 1993 substitute—
"113 Building orders—minor work or action
(1)Subject to section 107, if a municipal building surveyor or a private building surveyor is of the opinion that—
(a)a circumstance referred to in section 106 exists in relation to a building, land or place of public entertainment or building work that is being or is proposed to be carried out on the building, land or place; and
(b)building work, protection work or other work required by the regulations that is proposed by the relevant building surveyor to be carried out to remove or to wholly or partially reduce, or to contribute to removing or to wholly or partially reducing, the circumstance, is of a minor nature—
the relevant building surveyor may make a building order requiring the owner of the building, land or place to carry out the work that is of a minor nature.
(2)Subject to section 107, if a municipal building surveyor or a private building surveyor is of the opinion that—
(a)a circumstance referred to in section 106(d) exists in relation to a building, land or place of public entertainment or building work that is being or is proposed to be carried out on the building, land or place; and
(b)certain action is necessary to remove or to wholly or partially reduce, or to contribute to removing or to wholly or partially reducing, the circumstance; and
(c)the action that is necessary is of a minor nature—
the relevant building surveyor may make a building order requiring the owner of the building, land or place to take the action that is necessary.
(3)A municipal building surveyor or a private building surveyor may make a building order under subsection (1) or (2) without first serving a building notice.".
Division 3—Limitations on time
8Limitation on time when building action may be brought
After section 134(2) of the Building Act 1993 insert—
"(2A)Despite subsection (1), a building action may be brought more than 10 years after the date of issue of the occupancy permit in respect of the building work (whether or not the occupancy permit is subsequently cancelled or varied) or, if an occupancy permit is not issued, the date of issue under Part 4 of the certificate of final inspection of the building work, if a court extends the period in accordance with section 77 of the Victorian Civil and Administrative Tribunal Act 1998.".
9Limitation on time when plumbing action may be brought
At the end of section 134A of the Building Act 1993 insert—
"(2)Despite subsection (1), if a compliance certificate is issued in respect of plumbing work under Part 12A, an action (including a counter claim) for damages for loss or damage arising out of or concerning any defects in the work can be brought more than 10 years after the date of issue of the certificate if a court extends the period in accordance with section 77 of the Victorian Civil and Administrative Tribunal Act 1998.".
Division 4—Insurance for persons with automatic deemed registration
10Proof of insurance for persons intending to rely on automatic deemed registration
For section 170AB(2) of the Building Act 1993 substitute—
"(2)The person must ensure that the notification given to the Authority under section 42J(1) of the Mutual Recognition Act 1992 of the Commonwealth is accompanied by written proof that, until the first anniversary of the commencement of the person's automatic deemed registration or the expiry of any lesser period approved by the Authority under subsection (2A), the person will be covered or is eligible to be covered (as applicable) by any required insurance for the registration under this Part.
(2A)For the purposes of subsection (2), the Authority may approve a lesser period.".
11Annual fee, proof of insurance and training plan report
For section 172(2) and (3) of the Building Act 1993 substitute—
"(2)If, under Part 9, a registered building practitioner, other than a person referred to in subsection (3), is required to be covered by insurance, the practitioner, on or before the day of each anniversary of the practitioner's registration or the day of the expiry of any lesser period approved by the Authority under subsection (2A), must give written proof to the Authority that until the next anniversary of that day or the expiry of any lesser period approved by the Authority under subsection (2A)—
(a)the practitioner will be covered by the required insurance; or
(b)if the practitioner is a builder engaged in domestic building work with a cost that is more than the prescribed amount, the practitioner is eligible to be covered by the required insurance.
(2A)For the purposes of subsection (2), the Authority may approve a lesser period and impose any conditions on that approval.
(3)A person who has automatic deemed registration to carry out an activity that may be carried out under a registration under this Part, on or before the day of each anniversary of the commencement of the person's automatic deemed registration or the day of the expiry of any lesser period approved by the Authority under section 170AB(2A), must give written proof to the Authority that until the next anniversary of that day or the expiry of any lesser period approved by the Authority under subsection (3A), the person will be covered or is eligible to be covered (as applicable) by the required insurance for the registration under this Part.
(3A)For the purposes of subsection (3), the Authority may approve a lesser period.".
12Application for licensing or registration as a plumber
(1)In section 221T(3) of the Building Act 1993—
(a)before "proof" insert "written";
(b)for "he or she" (where twice occurring) substitute "the person".
(2)In section 221T(6) of the Building Act 1993, for ", the person is" substitute "or the expiry of any lesser period approved by the Authority under subsection (6A), the person will be".
(3)After section 221T(6) of the Building Act 1993 insert—
"(6A)For the purposes of subsection (6), the Authority may approve a lesser period.".
13Application for renewal of licence or registration as a plumber
(1)In section 221ZB(3) of the Building Act 1993—
(a)for "he or she" substitute "the person";
(b)for "his or her" substitute "the person's";
(c)after "approved by the Authority" insert "under subsection (6A)".
(2)For section 221ZB(6) of the Building Act 1993 substitute—
"(6)A person who has automatic deemed registration to carry out an activity that may be carried out under a licence under this Part, on or before the day of each anniversary of the commencement of the person's automatic deemed registration or the day of the expiry of any lesser period approved by the Authority under section 221T(6A), must give to the Authority written proof that until the next anniversary of that day or the expiry of any lesser period approved by the Authority under subsection (6A), the person will be covered by the required insurance for the licence.
(6A)For the purposes of subsection (3) or (6), the Authority may approve a lesser period.".
Division 5—Compliance certificates
14Payments out of the Plumbing account
For section 205D(b) of the Building Act 1993 substitute—
"(b)any amount of money required to refund the following—
(i)any licence or registration fee paid in relation to a plumbing licence or plumbing registration that was not granted or renewed;
(ii)any endorsement fee paid in relation to an endorsement under section 221N or 221OA that was not given;
(iii)an amount charged for a compliance certificate form; and".
15Definitions applying to Part 12A
In section 221B(1) of the Building Act 1993 insert the following definition—
"compliance certificate form means a compliance certificate form sold—
(a)by the Authority; or
(b)by a person authorised by the Authority under section 221ZN(2);".
16Compliance certificate must be given for most plumbing work
After section 221ZH(7) of the Building Act 1993 insert—
"(8)If a licensed plumber gives a person a signed compliance certificate that is not for the kind and value of the plumbing work carried out by the plumber for the person, the validity of the compliance certificate is not affected.
(9)If a licensed plumber gives a person a signed compliance certificate that has been prepared using an expired compliance certificate form, the validity of the compliance certificate is not affected.".
17Details that must appear on a compliance certificate
(1)In the heading to section 221ZI of the Building Act 1993, after "certificate" insert "form".
(2)In section 221ZI(1) of the Building Act 1993, after "compliance certificate" (where first occurring) insert "form".
18Details on certificates must be accurate
In section 221ZJ of the Building Act 1993, after "compliance certificate" insert "form".
19Issue of certificates by the Authority
(1)In section 221ZKA(1) of the Building Act 1993, for "issue and sign a compliance certificate" substitute "sign a compliance certificate form and issue the compliance certificate".
(2)In section 221ZKA(4)(a) of the Building Act 1993, for "certificate" substitute "compliance certificate form".
(3)In section 221ZKA(5) of the Building Act 1993—
(a)after "compliance certificate" insert "form";
(b)for "the certificate" substitute "the compliance certificate form".
20Provisions concerning the supply of certificate forms
(1)After section 221ZN(1) of the Building Act 1993 insert—
"(1A)Subject to section 221ZNA, a compliance certificate form expires 12 months after the day on which the compliance certificate form is purchased by a licensed plumber or a person authorised to purchase the compliance certificate form on the plumber's behalf.".
(2)For section 221ZN(4)(b) of the Building Act 1993 substitute—
"(b)must not sell a compliance certificate form for a kind and value of plumbing work to a licensed plumber at a price that differs from the price prescribed under subsection (5) for a compliance certificate form for that kind and value of plumbing work; and".
(3)For section 221ZN(5) of the Building Act 1993 substitute—
"(5)The Authority must not sell a compliance certificate form for a kind and value of plumbing work to a licensed plumber at a price that differs from the amount specified in the regulations for a compliance certificate form for that kind and value of plumbing work.".
21New sections 221ZNA and 221ZNB inserted
After section 221ZN of the Building Act 1993 insert—
"221ZNA Authority may extend expiry date of compliance certificate form
(1)The Authority, on one or more occasion, may extend the expiry date of a compliance certificate form held by a licensed plumber for up to 12 months after the day on which the compliance certificate form expires if—
(a)the licensed plumber gives a written request to the Authority no less than 2 weeks before the expiry date of the compliance certificate form; and
(b)the licensed plumber sets out in the request the reasons for requesting the extension to the expiry date of the compliance certificate form; and
(c)the Authority is satisfied that reasonable grounds exist for extending the expiry date of the compliance certificate form.
(2)The Authority, on one or more occasion, may extend the expiry date of a compliance certificate form, or a compliance certificate form in a class of compliance certificate form, held by a licenced plumber, or a licensed plumber in a class of licensed plumber, for up to 12 months after the day on which the compliance certificate form expires, if the Authority is of the opinion that there are circumstances that warrant that extension.
221ZNBOffences relating to use of compliance certificates
(1)A licensed plumber must not give a signed compliance certificate under section 221ZH to a person for whom the plumber has carried out plumbing work if the compliance certificate is not for the kind and value of that plumbing work.
Penalty:60 penalty units.
(2)A licensed plumber must not give a person, for whom the plumber has carried out plumbing work, a signed compliance certificate under section 221ZH if the compliance certificate has been prepared using an expired compliance certificate form.
Penalty:60 penalty units.".
22Transitional and savings provisions—Building Legislation Amendment and Other Matters Act 2024
After section 287(1) of the Building Act 1993 insert—
"(1A)This Act as amended by sections 20 and 21 of the amending Act does not apply to any compliance certificate form sold to a licensed plumber before the commencement of those sections.".
23Schedule 5 amended
(1)Insert the following heading to Schedule 5 to the Building Act 1993—
"Schedule 5—Plumbing infringement offences".
(2)After the heading to Schedule 5 to the Building Act 1993 insert—
"Section 221ZZZDA".
(3)In Schedule 5 to the Building Act 1993, after the line referring to section 221ZLA insert—
"section 221ZNB(1) 5 penalty units
section 221ZNB(2) 5 penalty units".
Division 6—Other amendments to the Building Act 1993
24Definitions and interpretation
(1)In section 3(1) of the Building Act 1993, for the definition of Building Code of Australia substitute—
"Building Code of Australia means the Building Code of Australia comprising—
(a)Volume One of the National Construction Code including any Victorian variations or additions set out in that Volume; and
(b)Volume Two of the National Construction Code including any Victorian variations or additions set out in that Volume;".
(2)In section 3(1) of the Building Act 1993, the definition of National Construction Code Series is repealed.
(3)In section 3(1) of the Building Act 1993 insert the following definition—
"National Construction Code means the National Construction Code published by the Australian Building Codes Board as amended, published or adopted from time to time;".
25Incorporation by reference
In section 9(1) of the Building Act 1993, after "published" (where twice occurring) insert "or adopted".
26Refusal of building permit
After section 24(7) of the Building Act 1993 insert—
"(8)The relevant building surveyor must not issue a building permit for building work in any circumstance prescribed in the building regulations that applies or relates to that building work.".
27A private building surveyor may transfer functions relating to building work to another building surveyor
(1)In section 80C(4)(c) of the Building Act 1993 omit "and the relevant council".
(2)After section 80C(4) of the Building Act 1993 insert—
"(4A)After receiving a copy of a transfer form from the new relevant building surveyor under subsection (4)(c), the Authority must notify the relevant council as soon as is practicable of the transfer under subsection (1).".
(3)Section 80C(5)(b) of the Building Act 1993 is repealed.
28Application for modification of building regulations relating to access for persons with disabilities
(1)In section 160B(8) of the Building Act 1993, in the definition of access provision of the building regulations, in paragraph (a)(i), for "F2" substitute "F4".
(2)In section 160B(8) of the Building Act 1993, for the definition of Building Code of Australia Volume One substitute—
"Building Code of Australia Volume One means Volume One of the National Construction Code including any Victorian variations or additions set out in that Volume;".
29Offence to carry out work as a building practitioner unless registered
After section 169D(1) of the Building Act 1993 insert—
"(1A)For the purposes of this Act, carrying out work as a building surveyor includes carrying out any functions conferred on a building surveyor or a relevant building surveyor under this Act or the building regulations or under any other Act or other regulations.".
30Guidelines
In section 188(5) of the Building Act 1993, after "Part 11" insert "or Division 1 of Part 11A".
31Decision guidelines on design and siting of single dwellings
(1)In the heading to section 188A of the Building Act 1993, for "single dwellings" substitute ", and access to and egress from, single dwellings".
(2)In section 188A(1) of the Building Act 1993, after "dwellings" insert "and access to and egress from single dwellings".
32Delegation by the Authority
After section 199(5) of the Building Act 1993 insert—
"(6)Sections 42 and 42A of the Interpretation of Legislation Act 1984 apply to a sub‑delegation authorised by this section in the same way as those sections apply to a delegation.".
33Payments out of the Building account
After section 205B(1)(d) of the Building Act 1993 insert—
"(da)an amount of money required to refund any fee paid under this Act or regulations made under this Act (other than Part 12A) to a person or body for providing a service or carrying out work under this Act or those regulations; and".
34Membership and procedure—Building Regulations Advisory Committee
In section 210(2)(ja) of the Building Act 1993, for "the Building Designers Association of Victoria Inc." substitute "Design Matters National Limited ACN 648 330 796".
35Definitions applying to Part 12A
(1)In section 221B(1) of the Building Act 1993, for the definition of Plumbing Code of Australia substitute—
"Plumbing Code of Australia means the Plumbing Code of Australia set out in Volume Three of the National Construction Code including any Victorian variations or additions set out in that Volume;".
(2)In section 221B(1) of the Building Act 1993 insert the following definitions—
"gas company has the same meaning as it has in the Gas Safety Act 1997;
meter assembly has the same meaning as it has in the Gas Safety Act 1997;
natural gas has the same meaning as it has in the Gas Industry Act 2001;
reticulated gas means natural gas that is connected to a building through a gas company's meter assembly;".
36Meaning of plumbing regulations
In section 221ZZM(a) of the Building Act 1993, for "221ZZZV(1)(a) or (g)(i)" substitute "221ZZZV(1)(a), (fa), (fb) or (g)(i)".
37Compulsory inspections
Section 221ZZZD(4) of the Building Act 1993 is repealed.
38Regulations
After section 221ZZZV(1)(f) of the Building Act 1993 insert—
"(fa)prohibiting a person from connecting reticulated gas, or extending the capacity of an existing reticulated gas connection, to an existing building or a building under construction or to a building in a class of existing building or a class of building under construction;
(fb)prohibiting a person from carrying out plumbing work in connection with installing or replacing a reticulated gas appliance or a reticulated gas appliance in a class of reticulated gas appliance in an existing building or a building under construction or in a building in a class of existing building or a class of building under construction;".
39Incorporation by reference of Plumbing Code of Australia or other document by regulations
In section 221ZZZW of the Building Act 1993, after "published" (where twice occurring) insert ", adopted".
40Additional regulation-making powers
At the end of section 262 of the Building Act 1993 insert—
"(2)Without limiting subsection (1), regulations for or with respect to fees or amounts charged may provide for—
(a)fees that differ according to circumstances including the following—
(i)the class of person who must pay the fee;
(ii)the nature or complexity of the service to be provided or work to be carried out for which the fee is imposed;
(iii)the class of building to which the fee relates;
(iv)the category or class of building practitioner or class of building employee to which the fee relates;
(v)the class of plumbing work or class of specialised plumbing work to which the fee relates;
(vi)the type or kind of building work to which the fee relates; and
(b)scales of fees or amounts including according to—
(i)the cost of building work or the value or kind of plumbing work; or
(ii)the amount of time that a person or body requires to provide a service or carry out work for which the fee is imposed; or
(iii)the number of classes of registration as a building practitioner for which a person is registered or applies to be registered, or the number of such classes for which a person applies to be renewed; or
(iv)the number of classes of licence for a building employee for which a person is licensed or applies to be licensed; and
(c)more than one fee to be imposed, or one fee to be imposed in stages, for services to be provided or work to be carried out; and
(d)the reduction, waiver or refund in whole or in part, of any fee or amount, in specified circumstances including the following—
(i)the class of person who must pay the fee or amount;
(ii)the class of application or matter for which the fee is imposed or the amount is charged;
(iii)the period of time for which the fee is imposed or the amount is charged;
(iv)the occurrence of specified events;
(v)the financial circumstances of the person who must pay the fee or amount;
(vi)administrative error made by the person or body who imposes the fee or charges the amount; and
(e)the reduction, waiver or refund in whole or in part, of any fee or amount, in a circumstance referred to in paragraph (d) at the discretion of a specified person or body.
(3)For the purposes of subsection (2)(a)(ii), the person or body who imposes a fee may—
(a)determine the nature or complexity of the service to be provided or work to be carried out by that person or body; and
(b)determine the amount of time required to provide the service or carry out the work; and
(c)decide the value of the service or work.
(4)For the purposes of subsection (2)(d), a fee or amount may be reduced, waived or refunded—
(a)in any combination of specified circumstances; and
(b)subject to a prescribed condition.".
41New sections 287 and 288 inserted
After section 286 of the Building Act 1993 insert—
"287 Transitional and savings provisions—Building Legislation Amendment and Other Matters Act 2024
(1)Despite the amendment made by section 34 of the amending Act, the Building Regulations Advisory Committee continues in operation as it was constituted immediately before the commencement of section 34 of the amending Act.
(2)In this section—
amending Act means the Building Legislation Amendment and Other Matters Act 2024.
288Transitional regulations relating to the Building Legislation Amendment and Other Matters Act 2024
(1)The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of the Building Legislation Amendment and Other Matters Act 2024, including any repeals and amendments made as a result of the enactment of that Act.
(2)Regulations made under this section may—
(a)have a retrospective effect to a day that is not before the day on which the Building Legislation Amendment and Other Matters Act 2024 receives the Royal Assent; and
(b)be of limited or general application; and
(c)differ according to time, place or circumstance; and
(d)leave any matter or thing to be decided by a specified person or class of person.
(3)Regulations made under this section have effect despite anything to the contrary in any Act (other than this Act or the Charter of Human Rights and Responsibilities Act 2006) or in any subordinate instrument.
(4)This section is repealed on the second anniversary of its commencement.".
42Schedule 1 amended
In Schedule 1 to the Building Act 1993—
(a)in item 1(i), for "energy efficiency" substitute "environmental, water and energy efficiency";
(b)in item 12, for "and energy" substitute ", water and energy".
43New clause 5A of Schedule 3 inserted
After clause 5 of Schedule 3 to the Building Act 1993 insert—
"5A Deputy chairperson may perform the functions of the chairperson
Despite clause 5, if the chairperson of the Building Appeals Board is absent or unable to act as chairperson, the deputy chairperson of the Building Appeals Board must carry out all the duties and may exercise all the powers of the chairperson while the chairperson is absent or unable to act as chairperson.".
PART 3—AMENDMENT OF ARCHITECTS ACT 1991
Division 1—Amendments related to registration, approvals and fit and proper person test
44Definitions
In section 3(1) of the Architects Act 1991 insert the following definitions—
"fit and proper person statement, in Division 3 of Part 3, means a written statement in accordance with section 15C;
proof of CPD compliance, in Division 3 of Part 3, means written proof of compliance with continuing professional development requirements under section 15B;
proof of required insurance, in Division 3 of Part 3, means written proof of required insurance under section 15A;".
45Approval of a partnership
After section 13(1) of the Architects Act 1991 insert—
"(1A)The Board may refuse to approve a partnership for the purposes of this Act if it is not satisfied that the partnership is eligible to be so approved.".
46Approval of a company
After section 14(1) of the Architects Act 1991 insert—
"(2)The Board may refuse to approve a company for the purposes of this Act if it is not satisfied that the company is eligible to be so approved.".
47Division 3 of Part 3 heading substituted
For the heading to Division 3 of Part 3 of the Architects Act 1991 substitute—
"Division 3—Renewal of registration or approval".
48New sections 15AA to 15AAI inserted
Before section 15 of the Architects Act 1991 insert—
"15AA Disapplication of Division
This Division does not apply to a person who intends to carry out an activity that may be carried out under a registration under this Part in reliance on an automatic deemed registration.
15AABDuration and renewal of registration
(1)The registration of a person as an architect continues in force until the end of the financial year in which the registration was granted or renewed, unless the registration is earlier cancelled under this Act.
Note
A financial year is the period of 12 months ending at midnight on 30 June: see section 44(6)(d) of the Interpretation of Legislation Act 1984.
(2)Despite subsection (1), the registration of a person as an architect who applies for renewal of the registration is taken to continue in force until the application is determined by the Board, if the application is made to the Board—
(a)before the end of the financial year in which the registration was granted or renewed; or
(b)in the period that is one month after the end of that financial year.
(3)Despite subsection (1), the registration of a person as an architect who is first registered in May or June in a financial year continues in force until the end of the next financial year, unless the registration is earlier cancelled under this Act.
(4)An architect referred to in subsection (3) must not submit an application for renewal of registration at the end of the financial year in which the person was first registered as an architect.
15AACDuration and renewal of approval
(1)The approval of a partnership or company for the purposes of this Act continues in force until the end of the financial year in which the approval was granted or renewed, unless the approval is earlier cancelled under this Act.
Note
A financial year is the period of 12 months ending at midnight on 30 June: see section 44(6)(d) of the Interpretation of Legislation Act 1984.
(2)Despite subsection (1), the approval of a partnership or company that is the subject of an application for renewal of the partnership's or company's approval is taken to continue in force until the application is determined by the Board, if the application is made to the Board—
(a)before the end of the financial year in which the approval was granted or renewed; or
(b)in the period that is one month after the end of that financial year.
(3)Despite subsection (1), the approval of a partnership or company that is first approved in May or June in a financial year continues in force until the end of the next financial year, unless the approval is earlier cancelled under this Act.
(4)An application for renewal of approval of a partnership or company referred to in subsection (3) must not be made at the end of the financial year in which the partnership or company was first approved.
15AADApplication for renewal of registration
(1)An application for renewal of registration as an architect must—
(a)be made to the Board before the end of the financial year; and
(b)be in the prescribed form; and
(c)be accompanied by—
(i)the prescribed registration renewal fee; and
(ii)proof of required insurance; and
(iii)proof of CPD compliance; and
(iv)a fit and proper person statement.
(2)The Board may require an applicant to provide further information or material.
(3)The Board may—
(a)renew a person's registration, if it is satisfied that the applicant—
(i)continues to meet the eligibility requirements to be registered as an architect under section 10(a); and
(ii)complies with the requirements of this Division; or
(b)refuse to renew the applicant's registration as an architect, if it is not so satisfied.
(4)If a person does not apply for renewal of registration as an architect before the end of the financial year—
(a)the Board may renew that architect's registration if—
(i)an application under subsection (1) is made within one month after the end of that financial year; and
(ii)the applicant pays the prescribed late registration renewal fee; and
(b)the architect's registration is taken to continue in force for one month after the end of that financial year.
(5)If a person's registration as an architect is suspended, the person must not apply for renewal of that registration until the suspension ends or is revoked.
Note
See section 15AAF(1).
(6)If a person (other than a person whose registration is suspended) does not apply for renewal of registration as an architect within one month after the end of the financial year, the person ceases to be registered as an architect.
15AAEApplication for renewal of approval
(1)An application for renewal of a partnership's or company's approval for the purposes of this Act must—
(a)be made to the Board before the end of the financial year; and
(b)be in the prescribed form; and
(c)be accompanied by the prescribed approval renewal fee.
(2)The Board may require an applicant to provide further information or material.
(3)The Board may—
(a)renew an approval of the partnership or company, if it is satisfied that the partnership or company meets—
(i)the criteria in section 13(1) or 14(1) (as the case requires); and
(ii)the requirements of this Division; or
(b)refuse to renew the approval of the partnership or company, if it is not so satisfied.
(4)If an application for renewal of a partnership's or company's approval is not made before the end of the financial year—
(a)the Board may renew that approval if—
(i)an application under subsection (1) is made within one month after the end of that financial year; and
(ii)the applicant pays the prescribed late approval renewal fee; and
(b)the partnership's or company's approval (as the case may be) is taken to continue in force for one month after the end of that financial year.
(5)If a partnership's or company's approval is suspended, an application for renewal of the partnership's or company's approval must not be made until the suspension ends or is revoked.
Note
See section 15AAG(1).
(6)If an application for renewal of a partnership's or company's approval (other than for the renewal of a partnership's or company's approval that is suspended) is not made within one month after the end of the financial year, the partnership or company (as the case may be) ceases to be an approved partnership or approved company.
15AAFRenewal of registration after suspension
(1)If a person does not make an application under section 15AAD(1) before the end of the financial year because the person's registration as an architect is suspended, and the suspension ends or is revoked after the last day of the financial year—
(a)the person must do so within one month after the suspension ends or is revoked; and
(b)the registration of the person as an architect is taken to continue in force for one month after the suspension ends or is revoked.
(2)Despite subsection (1), the registration of a person as an architect referred to in subsection (1), who makes an application under section 15AAD(1) within one month after the suspension ends or is revoked, continues in force until the application is determined by the Board.
(3)If a person referred to in subsection (1) does not apply for renewal of registration as an architect within one month after the suspension ends or is revoked, the person ceases to be registered as an architect.
(4)A person whose registration as an architect ceased under subsection (3) may apply to the Board under section 15AAH(1) to reinstate the registration as if the registration ceased under section 15AAD(6).
15AAGRenewal of approval after suspension
(1)If an application for renewal of a partnership's or company's approval under section 15AAE(1) is not made before the end of the financial year because the approval is suspended, and the suspension ends or is revoked after the last day of the financial year—
(a)the application must be made within one month after the suspension ends or is revoked; and
(b)the partnership's or company's approval (as the case may be) is taken to continue in force for one month after the suspension ends or is revoked.
(2)Despite subsection (1), the approval of a partnership or company referred to in subsection (1), for which an application is made under section 15AAE(1) within one month after the suspension ends or is revoked, continues in force until the application is determined by the Board.
(3)If an application for renewal of a partnership's or company's approval is not made within one month after the suspension ends or is revoked, the partnership or company (as the case may be) ceases to be an approved partnership or approved company.
(4)An application may be made to the Board under section 15AAI(1) to reinstate the approval of a partnership or company that ceased under subsection (3) as if the approval ceased under section 15AAE(6).
15AAHReinstatement within 2 months after registration ceases
(1)If a person's registration as an architect has ceased under section 15AAD(6), the person may apply to the Board to reinstate the registration.
(2)An application for reinstatement of registration as an architect must—
(a)be made to the Board within 2 months after the registration ceased; and
(b)be in the prescribed form; and
(c)be accompanied by—
(i)the prescribed registration renewal fee; and
(ii)the prescribed registration reinstatement fee; and
(iii)proof of required insurance; and
(iv)proof of CPD compliance; and
(v)a fit and proper person statement.
(3)The Board may require an applicant to provide further information or material.
(4)Despite subsection (2)(a), the Board may accept an application made more than 2 months after the person's registration as an architect ceased if the Board is satisfied it would be reasonable in all the circumstances to do so.
(5)The Board may—
(a)reinstate a person's registration as an architect, if it is satisfied that the applicant—
(i)continues to meet the eligibility requirements to be registered as an architect under section 10(a); and
(ii)complies with the requirements of this Division; or
(b)refuse to reinstate the applicant's registration as an architect, if it is not so satisfied.
15AAIReinstatement within 2 months after approval ceases
(1)If a partnership's or company's approval has ceased under section 15AAE(6), an application may be made to the Board to reinstate the approval.
(2)An application for reinstatement of an approval of a partnership or company for the purposes of this Act must—
(a)be made to the Board within 2 months after the approval ceased; and
(b)be in the prescribed form; and
(c)be accompanied by—
(i)the prescribed approval renewal fee; and
(ii)the prescribed approval reinstatement fee.
(3)The Board may require an applicant to provide further information or material.
(4)Despite subsection (2)(a), the Board may accept an application made more than 2 months after the partnership's or company's approval ceased if the Board is satisfied it would be reasonable in all the circumstances to do so.
(5)The Board may—
(a)reinstate the partnership's or company's approval, if it is satisfied that the partnership or company complies with—
(i)the criteria in section 13(1) or 14(1) (as the case requires); and
(ii)the requirements of this Division; or
(b)refuse to reinstate the partnership's or company's approval, if it is not so satisfied.".
49Section 15 repealed
Section 15 of the Architects Act 1991 is repealed.
50Proof of required insurance
In section 15A(1) of the Architects Act 1991—
(a)for "1 July in each year," substitute "the end of each financial year in which the architect's registration is granted or renewed,";
(b)for "he or she" substitute "the architect".
51Continuing professional development requirements
In section 15B of the Architects Act 1991, for "1 July in each year." substitute "the end of each financial year in which the architect's registration is granted or renewed.".
52New section 15C inserted
After section 15B of the Architects Act 1991 insert—
"15C Statement that architect is fit and proper person
(1)Every architect, by the end of each financial year in which the architect's registration is granted or renewed, must give a written statement to the Board declaring that the architect is a fit and proper person to continue practice as an architect, having regard to the probity matters set out in section 10A.
(2)A statement under subsection (1) must be in the form approved by the Board.".
53New Division 1AA of Part 4 inserted
Before the heading to Division 1 of Part 4 of the Architects Act 1991 insert—
"Division 1AA—Application
18AAApplication of this Part
This Part applies to a person in respect of conduct by that person while the person was registered as an architect.".
54Grounds for disciplinary action against a registered architect
Before section 32(a) of the Architects Act 1991 insert—
"(aa)the architect ceases to be a fit and proper person having regard to the probity matters set out in section 10A; or".
55Immediate suspension of registration
In section 36A(1)(c) of the Architects Act 1991, for "person;" substitute "person having regard to the probity matters set out in section 10A;".
56Effect of suspension or variation
(1)In section 39(1) of the Architects Act 1991, for "Act." substitute "Act, other than for the purposes of this Part.".
(2)In section 39(2) of the Architects Act 1991, for "company." substitute "company, other than for the purposes of this Part.".
57Review by VCAT—architects
In section 42(1) of the Architects Act 1991—
(a)in paragraph (a), for "registration;" substitute "registration or renewal of registration;";
(b)in paragraph (b)—
(i)after "registration" insert "or renewal of registration";
(ii)in subparagraph (ii), after "registration" insert "or renewal of registration".
58Review by VCAT—approved partnerships and approved companies
In section 43 of the Architects Act 1991—
(a)in paragraph (a), for "approval;" substitute "approval or renewal of approval;";
(b)in paragraph (b)—
(i)after "approval" insert "or renewal of approval";
(ii)in subparagraph (ii), after "approval" insert "or renewal of approval".
59Regulations
In section 69(3)(b) of the Architects Act 1991, for "annual" substitute "renewal or reinstatement".
60New Division 5 of Part 10 inserted
After Division 4 of Part 10 of the Architects Act 1991 insert—
"Division 5—Building Legislation Amendment and Other Matters Act 2024
81Transitional and savings provisions—Building Legislation Amendment and Other Matters Act 2024
(1)In this Division—
amending Act means the Building Legislation Amendment and Other Matters Act 2024;
commencement day means the day on which Division 1 of Part 3 of the amending Act commences.
(2)Despite the amendments made by Part 3 of the amending Act to Division 3 of Part 3, a person's registration as an architect continues in force on and from the commencement day until the end of the financial year in which Division 1 of Part 3 of the amending Act commences, unless the registration—
(a)is taken to continue in force under section 15AAB(2); or
(b)is earlier cancelled under this Act; or
(c)is suspended under a provision of this Act (other than section 15(2) as in force immediately before the commencement day) at the end of the financial year, in which case the registration continues in force until one month after the suspension ends or is revoked under this Act.
(3)Despite the amendments made by Part 3 of the amending Act to Division 3 of Part 3, an approval given under section 13 or 14 that is not cancelled before the commencement day continues in force on and from that day until the end of the financial year in which Division 1 of Part 3 of the amending Act commences, unless the approval—
(a)is taken to continue in force under section 15AAC(2); or
(b)is earlier cancelled under this Act; or
(c)is suspended under a provision of this Act (other than section 15(3) as in force immediately before the commencement day) at the end of the financial year, in which case the approval continues in force until one month after the suspension ends or is revoked under this Act.
(4)In subsection (2), a reference to a person's registration as an architect is taken to include a reference to a person's registration that is suspended.
(5)In subsection (3), a reference to an approval given under section 13 or 14 is taken to include a reference to an approval that is suspended.
(6)Despite the amendments made by Part 3 of the amending Act to Division 3 of Part 3, the Board may revoke a suspension under section 15(2) during the period beginning on the commencement day and ending at the end of the financial year in which Division 1 of Part 3 of the amending Act commences, if the person concerned—
(a)gives a satisfactory explanation of the failure to pay the relevant annual fees referred to in section 15(2) as in force immediately before the commencement day; and
(b)pays to the Board—
(i)the fees referred to in paragraph (a); and
(ii)the prescribed registration reinstatement fee.
(7)Despite the amendments made by Part 3 of the amending Act to Division 3 of Part 3, the Board may revoke a suspension under section 15(3) during the period beginning on the commencement day and ending at the end of the financial year in which Division 1 of Part 3 of the amending Act commences, if the body concerned—
(a)gives a satisfactory explanation of the failure to pay the relevant annual fees referred to in section 15(3) as in force immediately before the commencement day; and
(b)pays to the Board—
(i)the fees referred to in paragraph (a); and
(ii)the prescribed approval reinstatement fee.
82Transitional regulations—Building Legislation Amendment and Other Matters Act 2024
(1)The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of the amending Act, including any repeals and amendments made as a result of the enactment of that Act.
(2)Regulations made under this section may—
(a)have a retrospective effect to a day that is not before the day on which the amending Act receives the Royal Assent; and
(b)be of limited or general application; and
(c)differ according to time, place or circumstance; and
(d)leave any matter or thing to be decided by a specified person or class of person.
(3)Regulations under this section have effect despite anything to the contrary in any Act (other than this Act or the Charter of Human Rights and Responsibilities Act 2006) or in any subordinate instrument.
(4)This section is repealed on the second anniversary of its commencement.".
Division 2—Amendments relating to fees
61Regulations
(1)In section 69(1)(r) of the Architects Act 1991, for "Act;" substitute "Act, including services provided and work done by persons and bodies;".
(2)After section 69(3)(b) of the Architects Act 1991 insert—
"(ba)late fees if a person, partnership or company has not paid a fee required under this Act by the date or time required under this Act or the regulations; and".
(3)After section 69(3) of the Architects Act 1991 insert—
"(4)A power conferred by this Act to make regulations providing for the imposition of fees may be exercised by providing for the reduction, waiver or refund, in whole or in part, of the fees.".
PART 4—AMENDMENT OF VICTORIAN PLANNING AUTHORITY ACT 2017
62New section 46AA inserted
Before section 46 of the Victorian Planning Authority Act 2017 insert—
"46AA Proceedings
A proceeding for a summary offence against a provision of Division 4 of Part 2 may be commenced within 3 years after the date on which the offence is alleged to have been committed.".
PART 5—REPEAL OF THIS ACT
63Repeal of this Act
This Act is repealed on 13 August 2026.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 12 September 2024
Legislative Council: 17 October 2024
The long title for the Bill for this Act was "A Bill for an Act to amend the Building Act 1993, the Architects Act 1991 and the Victorian Planning Authority Act 2017 and for other purposes."
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