Professional Engineers Registration Transitional Regulations 2021 (Vic)
Version No. 001
Professional Engineers Registration Transitional Regulations 2021
S.R. No. 58/2021
Version as at
1 July 2021
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Commencement
4Definitions
5No offence under section 67 or 68 of the Act with pending registration application—grace period
6Certain applications for registration under Building Act 1993 taken to be applications under the Act
7Certain applications for renewal of registration under Building Act 1993 taken to be applications under the Act
8Suspended building practitioners taken to be suspended endorsed building engineers
9Certain unregistered persons taken to be endorsed building engineers
10Updating Register with review outcomes
11Registration expiry date under the Act for building practitioners with multiple registrations
12Expiry
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Endnotes
1 General information
2 Table of Amendments
3 Amendments Not in Operation
4 Explanatory details
Version No. 001
Professional Engineers Registration Transitional Regulations 2021
S.R. No. 58/2021
Version as at
1 July 2021
1Objective
The objective of these Regulations is to provide for further transitional arrangements following the enactment of the Professional Engineers Registration Act 2019 in relation to—
(a)applications for registration as professional engineers; and
(b)applications for registration and renewal of registration made but not determined under the Building Act 1993; and
(c)registrations suspended under the Building Act 1993; and
(d)decisions subject to internal review by the Victorian Building Authority under the Building Act 1993; and
(e)decisions subject to review by VCAT under the Building Act 1993; and
(f)building practitioners with 2 or more classes of registration in the category of engineer under the Building Act 1993.
2Authorising provision
These Regulations are made under section 104 of the Professional Engineers Registration Act 2019.
3Commencement
These Regulations come into operation on 1 July 2021.
4Definitions
In these Regulations—
review decision has the same meaning as in section 185C of the Building Act 1993;
reviewable decision has the same meaning as in section 184 of the Building Act 1993;
the Act means the Professional Engineers Registration Act 2019.
5No offence under section 67 or 68 of the Act with pending registration application—grace period
(1)Sections 67 and 68 of the Act do not apply to a natural person who applies for registration under section 10 of the Act during the application period from the date of the person's application until—
(a)the Business Licensing Authority registers the applicant under section 12 of the Act; or
(b)subject to subregulation (2), the Business Licensing Authority notifies the applicant that the applicant's application for registration has been refused; or
(c)the applicant withdraws the application.
(2)If an application referred to in subregulation (1) is refused, sections 67 and 68 of the Act do not apply to the applicant—
(a)if the applicant has not applied to VCAT for a review of the Business Licensing Authority's decision to refuse to grant the application, until the day after the end of the period specified in section 27(2) of the Act; or
(b)if the applicant applies to VCAT for a review of the Business Licensing Authority's decision to refuse to grant the registration within the period specified in section 27(2) of the Act, until VCAT determines that application.
(3)In this regulation—
application period means—
(a)for an application for registration as a fire safety engineer not engaged in the building industry, the period beginning on 1 July 2021 and ending on 1 December 2021; and
(b)for an application for registration as a structural engineer not engaged in the building industry, the period beginning on 1 July 2021 and ending on 1 October 2022; and
(c)for an application for registration as a civil engineer not engaged in the building industry, the period beginning on 1 July 2021 and ending on 1 October 2022; and
(d)for an application for registration as an electrical engineer not engaged in the building industry, the period beginning on 1 July 2021 and ending on 1 June 2023; and
(e)for an application for registration as a mechanical engineer not engaged in the building industry, the period beginning on 1 July 2021 and ending on 1 December 2023.
6Certain applications for registration under Building Act 1993 taken to be applications under the Act
(1)An application by a natural person for registration under section 170A of the Building Act 1993 as a building practitioner in a class of registration in the category of engineer that was made to the Victorian Building Authority but not determined before 1 July 2021, is taken to be an application—
(a)for registration under section 10 of the Act; and
(b)for endorsement under section 11 of the Act.
(2)If an application for registration is taken to be an application for registration referred to in subregulation (1)(a) and an application for endorsement referred to in subregulation (1)(b)—
(a)the fee referred to in section 170A(f) of the Building Act 1993 is taken to be the fees referred to in sections 10(2)(e) and 11(2)(c) of the Act; and
(b)a report by the Victorian Building Authority stating that it is satisfied that the applicant meets the qualification requirements under section 171(1)(a) of the Building Act 1993 is taken to be a report from an assessment entity for the purposes of section 12(3) of the Act; and
(c)the Victorian Building Authority must give the Business Licensing Authority all relevant information, documents and materials relating to the application, including but not limited to—
(i)the completed application or the information included in the completed application; and
(ii)any assessment by the Victorian Building Authority of the application against the requirements in section 171(1) of the Building Act 1993 applying to a natural person, including any information, documents and materials supporting that assessment.
7Certain applications for renewal of registration under Building Act 1993 taken to be applications under the Act
(1)An application by a natural person for renewal of registration under section 173 of the Building Act 1993 as a building practitioner in a class of registration in the category of engineer that was made to the Victorian Building Authority but not determined before 1 July 2021, is taken to be an application—
(a)for registration under section 10 of the Act; and
(b)for endorsement under section 11 of the Act.
(2)If an application for renewal of registration is taken to be an application for registration referred to in subregulation (1)(a) and an application for endorsement referred to in subregulation (1)(b)—
(a)the fee paid in accordance with section 173 and under section 173A of the Building Act 1993 is taken to be the fees referred to in sections 10(2)(e) and 11(2)(c) of the Act; and
(b)the person is taken to have the qualifications and experience required under section 12(2)(a) of the Act; and
(c)the Victorian Building Authority must give the Business Licensing Authority all relevant information, documents and materials relating to the application for renewal of registration, including but not limited to—
(i)the completed application or the information included in the completed application; and
(ii)any assessment by the Victorian Building Authority of the application against the requirements in section 171(1) of the Building Act1993 applying to a natural person, including any information, documents and materials supporting that assessment; and
(d)if the registration and endorsement are granted by the Business Licensing Authority, the person is taken to be an endorsed building engineer under section 107 of the Act for a period of 3 years from the date the registration and endorsement were granted.
8Suspended building practitioners taken to be suspended endorsed building engineers
(1)A natural person whose registration as a building practitioner under the Building Act 1993 in a class of registration in the category of engineer was suspended on or before 30 June 2021 is taken, despite that suspension, to be an endorsed building engineer under section 107 of the Act.
(2)If a person is taken to be an endorsed building engineer under subregulation (1), the person's—
(a)registration type is taken to be non-practising; and
(b)endorsement under the Act is taken to be suspended under the Act.
(3)A person whose registration is taken to be non‑practising under subregulation (2) may apply to the Business Licensing Authority to—
(a)change the registration type to practising; and
(b)end the suspension of the endorsement under subregulation (2).
(4)The Business Licensing Authority must grant an application under subregulation (3), if after referring the application to the Victorian Building Authority, the Victorian Building Authority reports to the Business Licensing Authority that the person has the required insurance within the meaning of section 3(1) of the Building Act 1993.
9Certain unregistered persons taken to be endorsed building engineers
(1)A natural person who was not registered as a building practitioner under the Building Act 1993 in a class of registration in the category of engineer on 30 June 2021 because of a decision by the Victorian Building Authority that did not permit the person to be registered is taken to be an endorsed building engineer under section 107 of the Act, if—
(a)the decision by the Victorian Building Authority was a reviewable decision and an internal review of the decision by the Victorian Building Authority on or after 1 July 2021 substitutes the reviewable decision with a review decision that permits registration; or
(b)the decision by the Victorian Building Authority was a reviewable decision or a review decision and a review of the decision by VCAT on or after 1 July 2021 substitutes the reviewable decision or the review decision with a decision that permits registration.
(2)A natural person is taken to be an endorsed building engineer in accordance with subregulation (1)—
(a)at the time the reviewable decision is substituted with a review decision by the Victorian Building Authority; or
(b)if the review decision is reviewed by VCAT, at the time the review decision is substituted by VCAT; or
(c)at the time the reviewable decision is substituted with a decision by VCAT.
(3)The Victorian Building Authority must give the Business Licensing Authority sufficient information, documents and materials to enable the details of a person taken to be an endorsed building engineer in accordance with subregulation (1) to be included in the Register of Professional Engineers established under section 28 of the Act.
10Updating Register with review outcomes
(1)If the registration details of a natural person who is taken to be an endorsed building engineer under section 107 of the Act change as a result of an internal review of a decision by the Victorian Building Authority or a review of a decision by VCAT on or after 1 July 2021, the change of details must be recorded in the Register.
(2)The Victorian Building Authority must give the Business Licensing Authority any necessary information, documents and materials on the change of registration details referred to in subregulation (1) to enable the Register of Professional Engineers to be updated.
11Registration expiry date under the Act for building practitioners with multiple registrations
(1)This regulation applies if a natural person—
(a)was registered as a building practitioner under the Building Act 1993 in 2 or more classes of registration in the category of engineer immediately before 1 July 2021; or
(b)is taken to be an endorsed building engineer under regulation 8(1) and has the registrations referred to in paragraph (a) that were suspended under the Building Act1993 on or before 30 June 2021.
(2)For the purposes of section 107(1)(a) of the Act, the endorsed building engineer's registration expires on the latest date of the expiry dates for the classes of registration referred to in subregulation (1).
12Expiry
These Regulations expire on 1 July 2023.
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Endnotes
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Professional Engineers Registration Transitional Regulations 2021, S.R. No. 58/2021 were made on 22 June 2021 by the Governor in Council under section 104 of the Professional Engineers Registration Act 2019, No. 26/2019 and came into operation on 1 July 2021: regulation 3.
The Professional Engineers Registration Transitional Regulations 2021 will expire on 1 July 2023: see regulation 12.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Professional Engineers Registration Transitional Regulations 2021 by statutory rules, subordinate instruments and Acts.
3 Amendments Not in Operation
This version does not contain amendments that are not yet in operation.
4 Explanatory details
No entries at date of publication.
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