Untitled document
Building (Amendment) Act 1996
Act No. 39/1996
TABLE OF PROVISIONS
Section Page PART 1—PRELIMINARY MATTERS 1
1. Purpose 1 2. Commencement 2
PART 2—TRANSFER OF PLUMBING PROVISIONS 3
3. Insertion of new definition 3 4. Changes to objects 3 5. Insertion of Part 12A 3 PART 12A—PLUMBING WORK 3 Division 1—Preliminary Matters 3 221A. Purpose of this Part 3 221B. Definitions applying to this Part 4 221C. Meaning of "plumbing work" 7 Division 2—Restrictions Concerning the Carrying Out of Plumbing Work 8 221D. Plumbing work only to be carried out by licensed or
registered plumbers 8
221E. Restrictions concerning registered plumbers and
unregistered people 9 221F. Restriction concerning specialised plumbing work 10 221G. Obligations on licensed plumbers concerning their agents 10 221H. People involved in a plumbing business need not be licensed or registered 11 221I. Person must not use the title "plumber" unless licensed or
registered 11 221J. Person must not use the title "drainer" unless licensed or
registered 12 221K. Person must not use the title "gasfitter" unless licensed or
registered 13 221L. Exceptions to sections 221I-221K 13
i
Section Page
Division 3—The Licensing and Registration of Plumbers 14 221M. Licensing as a plumber 14 221N. Endorsement to carry out specialised plumbing work 15 221O. Registration as a plumber 16 221P. Provisional registration 17 221Q. Restricted licences 19 221R. Restricted registration 19 221S. Board may refuse to license or register convicted people etc. 20 221T. Application for licensing or registration as a plumber 21 221U. Board may require further information 21 221V. Offence to give false information 22 221W. Temporary licence or registration 22 221X. Board may impose conditions on licensing or registering a person 23 221Y. Duplicate licences and certificates of registration 23 221Z. How long licensing and registration last 24 221ZA. Plumbers must notify Board of changes of address etc. 25 221ZB. Application for renewal of licence or registration as a plumber 25 221ZC. Board may require further information 25 221ZD. Renewal of licence or registration 26 221ZE. Board may permit late renewals 27 221ZF. Information to be given to unsuccessful applicants 28 Division 4—Compliance Certificates 28 221ZG. This Division does not apply to Type B gasfitting work 28 221ZH. Compliance certificate must be given for most plumbing work 29 221ZI. Details that must appear on a compliance certificate 29 221ZJ. Details on certificates must be accurate 30 221ZK. Only licensed plumbers may sign certificates 30 221ZL. Meaning of the total value of plumbing work 31 221ZM. Copies of certificates must be kept for 10 years 31 221ZN. Provisions concerning the supply of certificate forms 31 221ZO. Further obligation for compliance certificates for sanitary drains 32 Division 5—Provisions Applying to Particular Plumbing
Work 33 221ZP. Sanitary drainage and other work must be made available for inspection before being covered
33
ii
Section Page
Division 6—Insurance Orders 34 221ZQ. Order requiring insurance 34 221ZR. Offence to work as plumber without required insurance 36 221ZS. Offence to claim to be insured when uninsured 36 221ZT. Further provisions concerning required insurance 36 221ZU. Suspension of licence if insurance ceases 36 221ZV. Suspension of licence where failure to comply with insurer's direction 37 Division 7—Rectification of Defective Plumbing Work 38 221ZW. Inspector or auditor may require plumber to rectify faulty work 38 221ZX. Right to apply to A.A.T. to have a rectification notice
cancelled 40 221ZY. Plumbing notice to owner/occupier to rectify defective
plumbing work 41 221ZZ. Owner/occupier may dispute a plumbing notice 41 221ZZA. Inspector may cancel plumbing notice 41 221ZZB. Plumbing order to rectify defective plumbing work 41 221ZZC. Owner/occupier must comply with plumbing order 43 221ZZD. Inspector may cancel plumbing order 43 221ZZE. Right to apply to the A.A.T. to have a plumbing order cancelled 43
221ZZF. Emergency plumbing order to rectify dangerous
plumbing work 44 221ZZG. Offence to not comply with emergency plumbing order 45 221ZZH. Inspector may cancel emergency plumbing order 46 221ZZI. Plumbing notices and orders to be last resort 46 221ZZJ. Owner/occupier must report the completion of required work 47 221ZZK. Work may be carried out by plumbing inspector/Board 47 221ZZL. Police assistance 47 Division 8—Interpretation and Modification of Plumbing Regulations 48 221ZZM. Meaning of "plumbing regulations" 48 221ZZN. Board may resolve disputes concerning the interpretation of plumbing regulations 48 221ZZO. Modification of plumbing regulations 50 221ZZP. Matters Board must consider before making a modification declaration 51 221ZZQ. Procedure applying to hearings under this Part 51
iii
Section Page
Division 9—The Plumbing Industry Board 52 221ZZR. Establishment of the Plumbing Industry Board 52 221ZZS. The Board is a body corporate 52 221ZZT. Constitution 53 221ZZU. Functions 54 221ZZV. Powers 55 221ZZW. Conditions of appointment and Board procedures 55 221ZZX. Sub-committees 55 Division 10—Enforcement 56 221ZZY. Enforcement staff 56 221ZZZ. Functions of compliance auditors 56 221ZZZA. Powers of compliance auditors 57 221ZZZB. Plumber must give information to compliance auditor 57 221ZZZC. Additional powers of plumbing inspectors 59 221ZZZD. Compulsory inspections 59 221ZZZE. Plumbing infringements for failing to give a compliance certificate 60 Division 11—Inquiries and Disciplinary Action 62 221ZZZF. Inquiry by Board 62 221ZZZG. Grounds on which disciplinary action may be taken 63 221ZZZH. Procedure concerning inquiries 65 221ZZZI. How inquiry to be conducted 65 221ZZZJ. Disciplinary powers of the Board 65 221ZZZK. Presumption of suspension for repeated offences concerning compliance notices
67
221ZZZL. Board may revoke cancellation or suspension 67 221ZZZM. Board may compensate victims of unsatisfactory plumbing work 67 221ZZZN. Procedural matters concerning Board sub-committees conducting inquiry or taking disciplinary action
67
221ZZZO. Changes to composition of Board while conducting inquiry or taking disciplinary action 68 Division 12—Review of Decisions 68 221ZZZP. Review by A.A.T. 68 221ZZZQ. This Act to prevail over A.A.T. Act 69 Division 13—Administrative Matters 69 221ZZZR. Plumbing fund 69 221ZZZS. Administrative staff 70 221ZZZT. Register of Plumbers 70 221ZZZU. Minister may specify work to be specialised plumbing work 71
iv
Section Page
221ZZZV. Regulations 72 221ZZZW. Interim fees 73
6. Insertion of section 134A 75 134A. Limitation on time when plumbing action may be brought 75 7. Crown to be bound by Part 12A 75 8. Changes to enforcement etc. provisions 76 9. Supreme Court—limitation of jurisdiction 77 10. Changes concerning regulation-making powers 77 11. Consequential amendments to the Water Act 1989 77 12. Repeal of power in Water Act to make plumbing work by-laws 78 13. Consequential amendments to the Water Industry Act 1994 79 14. Water supply or sewerage work for which an inspection fee has been paid must be inspected 79 PART 3—REPEAL, SAVINGS AND TRANSITIONAL
PROVISIONS 82
15. Definitions applying to this Part 82 16. Repeal of the Building Control (Plumbers Gasfitters and Drainers) Act 1981 82 17. Board is the successor of the Plumbers Gasfitters and Drainers Registration Board 82 18. All existing licences cease to have any effect on 31 December 1996 83 19. Transitional provisions—existing licensed gasfitters 83 20. Transitional provisions—all other existing licensed plumbers 84 21. Special provisions concerning registered drainers, duct fixers and roofers 84 22. Transitional provisions—existing registered plumbers 85 23. Transitional provisions—existing permit holders 86 24. Refunds for the former holders of contractors' authorities 86 25. Appeals under section 100J of the former Act 86 26. Appeals under section 106 of the former Act 87 27. Treatment of pending applications 87 28. Saving of existing Regulations 88
PART 4—PROVISION WITH DELAYED IMPLEMENTATION 89
29. Repeal of interim fees 89
═══════════════
NOTES 89
v
Victoria
No. 39 of 1996
Building (Amendment) Act 1996†
[Assented to 12 November 1996]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY MATTERS
1. Purpose
The purpose of this Act is—
(a) the regulation of plumbers, gasfitters and
drainers from the Building Controlto transfer, with changes, the law concerning 1981 to the Building Act 1993; and
(b)
to transfer most of the power to make regulations concerning plumbing work from
Building (Amendment) Act 1996
Act No. 39/1996 s. 2 the Water Act 1989 and the Water
Industry Act 1994 to the Building Act
1993; and(c) to repeal the Building Control (Plumbers Gasfitters and Drainers) Act 1981.
2. Commencement
(1) This Part comes into operation on the day on
which this Act receives the Royal Assent.
(2) Parts 2 and 3 come into operation on 24 March
1997.
(3) Part 4 comes into operation on 29 November
1998.
_______________
Building (Amendment) Act 1996
| s. 3 | Act No. 39/1996 |
PART 2—TRANSFER OF PLUMBING PROVISIONS
3. Insertion of new definition
In section 3(1) of the Building Act 1993, after the
definition of "building work" insert—' "business day" means a day that is not—
(a) a Saturday or Sunday; or
(b)
a day that is wholly or partly observed as a public holiday throughout Victoria;'.
4. Changes to objects
In section 4 of the Building Act 1993 insert—
(a)
in paragraph (f), after "building practitioners" insert "and plumbers";
(b)
after paragraph (f) insert— "(fa) to regulate plumbing work;";
(c)
in paragraph (g), after "building" insert "and plumbing";
(d)
in paragraph (h), after "building" insert "and plumbing".
5. Insertion of Part 12A
After Part 12 of the Building Act 1993 insert—
'PART 12A—PLUMBING WORK
Division 1—Preliminary Matters
221A. Purpose of this Part
The purpose of this Part is to regulate plumbing work with the aim of ensuring that
Building (Amendment) Act 1996
Act No. 39/1996 s. 5 it is carried out safely and competently. By and large this Part operates separately from the rest of this Act.
221B. Definitions applying to this Part
(1) In this Part—
"Board" means the Plumbing Industry
Board established by section 221ZZR;"class of plumbing work" means a class of
plumbing work specified by the
regulations;
"class of specialised plumbing work"
means a class of specialised plumbing work specified by the regulations or in a declaration under section 221ZZZU;
"compliance auditor" means a person appointed as a compliance auditor under section 221ZZY;
"compliance certificate" means a certificate referred to in section 221ZH;
"emergency plumbing order" means an
order issued under section 221ZZF;"insolvent under administration" means a person who is a bankrupt in respect of a bankruptcy from which the person has
not been discharged and includes—
(a) of arrangement under Part X of
the Bankruptcy Act 1966 of the
Commonwealth (or thea person who has executed a deed law of another jurisdiction) where
Building (Amendment) Act 1996
| s. 5 | Act No. 39/1996 |
the terms of the deed have not been fully complied with; and
(b) a person whose creditors have
accepted a composition under Part
X of the Bankruptcy Act 1966 of
the Commonwealth (or the
corresponding provisions of the
law of another jurisdiction) where
a final payment has not been made
under that composition;
"licensed plumber" means a person who is
licensed by the Board under section
221M or 221Q to carry out a particular
class or type of plumbing work and
includes a person who is temporarily
licensed to carry out that work under
section 221W, but does not include a
person whose licence is suspended;
"plumbing apprentice" means a trainee
within the meaning of the Vocational plumbing trade;
"plumbing inspector" means a person appointed as a plumbing inspector under section 221ZZY;
"plumbing laws" means any provision in
any of the following that regulates the
carrying out of plumbing work—
(a) this Part; and
(b) the Gas Industry Act 1994; and(c) the Water Act 1989 and the
Water Industry Act 1994; and
Building (Amendment) Act 1996
Act No. 39/1996 s. 5 (d) any regulations made under this Part or any Act listed in paragraph (b) or (c); "plumbing notice" means a notice issued under section 221ZY;
"plumbing order" means an order issued under section 221ZZB;
"rectification notice" means a notice issued under section 221ZW;
"registered plumber" means a person who is registered by the Board under section 221O, 221P or 221R to carry out a
particular class or type of plumbing
work and includes a person who is
temporarily registered to carry out that
work under section 221W, but does not
include a person whose registration is
suspended;
"Registrar" means the Registrar of the
Board appointed under section
221ZZZS;
"required insurance" means the insurance
required by an order made under
section 221ZQ;
"specialised plumbing work" means any plumbing work—
(a) that the regulations state is specialised plumbing work; or (b) that is declared by the Minister to under section 221ZZZU;
Building (Amendment) Act 1996
| s. 5 | Act No. 39/1996 |
"water authority" means—
(a) licence or a water and sewerage
a company that holds a water Act 1994; or
(b) an Authority that has a water district or a sewerage district under the Water Act 1989.
(2) A reference in this Part (other than in section
221O or 221R) to registration includes a
reference to provisional registration, unless a
contrary intention appears or the context
otherwise requires.
(3) A licensed plumber supervises work for the
purposes of this Part if the work is carried
out on his or her behalf, or if he or she
directs a person to carry out the work.
(4) A reference in Division 7 to "he or she" or to
"him or her" is to be read as including a reference to "it", if the context permits.
221C. Meaning of "plumbing work"
(1) In this Part, "plumbing work" means any
plumbing work that the regulations state isplumbing work to which this Part applies.
(2) Any reference to plumbing in this Part is to
be read as if it included a reference to gasfitting and draining work, unless a contrary intention appears or the context
otherwise requires.
(3) In all Divisions other than Divisions 2 and 3,
a reference to plumbing work includes a reference to specialised plumbing work, unless a contrary intention appears or the
context otherwise requires.
Building (Amendment) Act 1996
Act No. 39/1996 s. 5 Division 2—Restrictions Concerning the
Carrying Out of Plumbing Work
221D. Plumbing work only to be carried out by licensed or registered plumbers
(1) A person must not carry out any plumbing work of a particular class or type unless he or she is licensed or registered by the Board
to carry out work of that class or type.
Penalty: 50 penalty units.(2) Despite sub-section (1), a person who is not licensed or registered by the Board may—
(a) repair a tap in any dwelling that the person owns and occupies; and (b) carry out any other plumbing work that the regulations state is plumbing work that may be carried out by a person who
is not licensed or registered.
(3) Sub-section (2)(a) does not permit a person
to repair any thermostatic mixing valve, tempering valve or backflow prevention device.
(4) Despite sub-section (1), a person who is
being trained to carry out work that may be
carried out by the holder of a restricted
licence may carry out that work without
being licensed or registered by the Board if
the work is carried out on behalf of, or at the
direction of, a person who is licensed to
carry out that type of work.
(5) Despite sub-section (1)—
(a) carry out sheetmetal work in
a sheetmetal worker, first class may installation, maintenance or repair of
Building (Amendment) Act 1996
| s. 5 | Act No. 39/1996 |
| ventilation or air conditioning plant or equipment; |
(b) in connection with the fabrication,
a metal worker may carry out pipework industrial pipework;
(c) the manufacture, installation,
maintenance or repair of refrigeration,a refrigeration mechanic may carry out equipment;
(d) an apprentice may carry out any work referred to in paragraph (a), (b) or (c) on behalf of, or at the direction of, a person referred to in that paragraph;
(e)
a plumbing apprentice acting on behalf of, or at the direction of, a licensed plumber may carry out plumbing work—
without being licensed or registered by the
Board.
221E. Restrictions concerning registered
plumbers and unregistered people(1) Unless a person is licensed to carry out a
particular class or type of plumbing work or
specialised plumbing work, he or she must
not carry out any work of that class or type
for which a compliance certificate is
required.
Penalty: 50 penalty units.
(2) However, a plumber who is registered to
carry out a particular class or type of
plumbing work, or a plumbing apprentice,
may carry out any work of that class or type
for which a compliance certificate is required
Building (Amendment) Act 1996
Act No. 39/1996 s. 5 on behalf of, or at the direction of, a licensed
plumber who is authorised to carry out thatclass or type of work.
221F. Restriction concerning specialised
plumbing work
A person must not carry out any class or type
of specialised plumbing work unless he or
she is licensed by the Board to carry out that
class or type of work.Penalty: 120 penalty units.
221G. Obligations on licensed plumbers
concerning their agents
(1) A licensed plumber must not permit a person
to carry out on his or her behalf, or direct a person to carry out, any plumbing work or specialised plumbing work—
(a)
that is of a class or type in respect of which the person is not licensed or registered under this Part; or
(b)
that is defective in workmanship or that involves the use of materials that the licensed plumber knows, or reasonably ought to know, are defective or that does not comply with the plumbing laws.
Penalty: 50 penalty units. (2) However, sub-section (1)(a) does not apply
to plumbing work of a particular class or
type carried out by a plumbing apprentice on
behalf of, or at the direction of, a licensed
plumber who is licensed or registered to
carry out that class or type of work.
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| s. 5 | Act No. 39/1996 |
221H. People involved in a plumbing business need not be licensed or registered
(1) A person does not carry out any plumbing work or specialised plumbing work for the purposes of this Part merely because he, she
or it owns, operates, manages or otherwise participates in, is employed by, or shares in the profits of, any business that carries out plumbing work or specialised plumbing
work.(2) A person may employ, or supply the services of, licensed and registered plumbers without being licensed or registered by the Board.
(3) A person who owns, operates, manages or
shares in the profits of, any business that
carries out plumbing work or specialised
plumbing work must not cause or permit any
plumbing work or specialised plumbing
work to be carried out on behalf of the
business by a person who is not permitted by
this Part to carry out that work.otherwise participates in, is employed by, or penalty units.
221I. Person must not use the title "plumber" unless licensed or registered
(1) A person must not use or take the title
"plumber" in any context relating to the
plumbing industry unless the person is
registered or licensed to carry out at least
one class or type of plumbing work under
this Part.
Penalty: 50 penalty units.
Building (Amendment) Act 1996
Act No. 39/1996 s. 5 (2) A person must not—
(a) use or take the title "licensed plumber"; or (b) hold himself or herself out as being licensed under this Part— unless he or she is licensed to carry out at least one class or type of plumbing work under this Part.
Penalty: 50 penalty units.
(3) A person must not—
(a)
use or take the title "registered plumber"; or
(b)
hold himself or herself out as being registered under this Part—
unless he or she is registered to carry out at
least one class or type of plumbing work
under this Part.
Penalty: 50 penalty units.
221J. Person must not use the title "drainer" unless licensed or registered
(1) A person must not use or take the title "drainer" in any context relating to the plumbing industry unless the person is authorised to carry out draining work under
this Part.
Penalty: 50 penalty units. (2) A person must not use or take the title "licensed drainer" unless he or she is
licensed to carry out draining work under
this Part.
Penalty: 50 penalty units.
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| s. 5 | Act No. 39/1996 |
(3) A person must not use or take the title "registered drainer" unless he or she is registered to carry out draining work under
this Part.
Penalty: 50 penalty units.221K. Person must not use the title "gasfitter" unless licensed or registered
(1) A person must not use or take the title
"gasfitter" in any context relating to the plumbing industry unless the person is authorised to carry out gasfitting work under
this Part.
Penalty: 50 penalty units.(2) A person must not use or take the title "licensed gasfitter" unless he or she is licensed to carry out gasfitting work under
this Part.
Penalty: 50 penalty units. (3) A person must not use or take the title
"registered gasfitter" unless he or she is
registered to carry out gasfitting work under
this Part.
Penalty: 50 penalty units.
221L. Exceptions to sections 221I-221K
(1) Sections 221I, 221J and 221K do not apply
to—
(a)
an organisation or member of staff of an organisation for the time being exempted from this section by the Board; or
(b)
the use of a title by a person who is authorised to use that title outside Victoria by a person or body regulating
Building (Amendment) Act 1996
Act No. 39/1996 s. 5 plumbing work if it is made clear in the
use of the title that it does not relate to
Victoria.(2) Sections 221I, 221J and 221K do not apply
to the use of a title referred to in those
sections by any business that carries out
plumbing work or specialised plumbing
work so long as—
(a)
at least one partner, director or employee of the business is entitled to use that title; or
(b)
any plumbing work that the business undertakes to have carried out, and that must be carried out by a person who is entitled to use that title, is carried out by such a person.
Division 3—The Licensing and Registration of
Plumbers
221M. Licensing as a plumber
(1) To be able to be licensed to carry out a
particular class of plumbing work, a person
must—
(a)
be eligible to be registered as a plumber with respect to that class of plumbing work; and
(b) either—
(i) have the relevant qualifications and experience required by the regulations; or
(ii) satisfy the Board that he or she has knowledge and competence at least equal to that that a person who has the qualifications and
Building (Amendment) Act 1996
| s. 5 | Act No. 39/1996 |
experience required by the
regulations would have; and(c) be covered by the required insurance. (2) The Board must license a person to carry out
a particular class of plumbing work if—
(a) the person applies to be licensed in accordance with section 221T; and (b) it is satisfied that the person meets the requirements listed in sub-section (1); and (c) the person pays the licence fee set out in the regulations. (3) The Board may license an eligible person to
carry out 2 or more particular classes of
plumbing work.
(4) The Registrar must give each person who is
licensed by the Board a written licence as
evidence that the person is licensed to carry
out a particular class, or particular classes, of
plumbing work.
221N. Endorsement to carry out specialised
plumbing work
(1) To be able to be licensed to carry out a particular class of specialised plumbing work, a person must—
(a) be a licensed plumber; and
(b) either—(i) have the relevant qualifications and experience required by the regulations (or a declaration under
section 221ZZU); or
(ii) satisfy the Board that he or she has knowledge and competence at
Building (Amendment) Act 1996
Act No. 39/1996 s. 5 least equal to that that a person who has the qualifications and experience required by sub-
paragraph (i) would have; and
(c) be covered by the required insurance. (2) The Board must license a person to carry out
a particular class of specialised plumbing
work if—
(a) the person applies to be licensed in accordance with section 221T; and (b) it is satisfied that the person meets the requirements listed in sub-section (1); and (c) the person pays the endorsement fee set out in the regulations.
(3) The Board may license an eligible person to
carry out 2 or more particular classes of
specialised plumbing work.
(4) If the Board licenses a person to carry out a
particular class of specialised plumbing
work, the Registrar must endorse the licence
issued to the person in respect of his or her
licensing under section 221M with a
statement to the effect that the person is also
licensed to carry out that class of specialised
plumbing work.
221O. Registration as a plumber
(1) To be able to be registered to carry out a
particular class of plumbing work, a person
must either—
(a) have the relevant qualifications and or
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| s. 5 | Act No. 39/1996 |
(b) satisfy the Board that he or she has knowledge and competence at least equal to that that a person who has the qualifications and experience required
by the regulations would have.(2) The Board must register a person to carry out a particular class of plumbing work if—
(a) the person applies for registration in accordance with section 221T; and (b) it is satisfied that the person meets one or other of the requirements listed in sub-section (1); and (c) the person pays the registration fee set out in the regulations. (3) The Board may register an eligible person with respect to 2 or more particular classes of plumbing work.
(4) The Registrar must give each person who is
registered by the Board a certificate of
registration as evidence that the person is
registered to carry out a particular class, or
particular classes, of plumbing work.
221P. Provisional registration
(1) The Board may provisionally register a person to carry out a particular class of plumbing work or specialised plumbing work if—
(a) the person applies for provisional 221T and he or she—
(i) is training to be qualified to carry out that class of work; and
Building (Amendment) Act 1996
Act No. 39/1996 s. 5 (ii) is a licensed or registered plumber with respect to another class of plumbing work; or
(b) the Board is satisfied that the person—
(i) has sufficient knowledge and
experience to carry out that class
of work competently and safely;
or(ii) competently and safely if the
person complies with thewill be able to carry out that work on the registration.
(2) A person who is provisionally registered
must not, unless otherwise exempted by the Board, do any plumbing work or specialised plumbing work of the class to which the
provisional registration applies unless that
work is carried out on behalf of, or at the
direction of, a person who is licensed to
carry out work of that class.
Penalty: 20 penalty units.(3) The Board may provisionally register an eligible person with respect to 2 or more particular classes of plumbing work or
specialised plumbing work.
(4) On receiving any provisional registration fee
required by the regulations, the Registrar
must give each person who is provisionally
registered by the Board a certificate of
provisional registration as evidence that the
person is provisionally registered to carry
out a particular class, or particular classes, of
plumbing work or specialised plumbing
work.
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| s. 5 | Act No. 39/1996 |
(5) A provisional registration expires 1 year after it is granted, but may be renewed.
221Q. Restricted licences
(1) The Board may license a person to carry out
particular types of work that fall within a
class of plumbing work or specialised
plumbing work if—
(a)
the person applies for the licence in accordance with section 221T; and
(b) it is satisfied that the person—
(i) has sufficient knowledge and competently and safely; and
(ii) is covered by the required insurance in respect of that work.
(2) On receiving any restricted licence fee
must give each person who is licensed by the
required by the regulations, the Registrar evidence that the person is licensed to carry out a particular type of work and must ensure that the word "restricted" is prominently displayed on the licence and that the licence states what work the holder of the licence may carry out.
221R. Restricted registration
(1) The Board may register a person to carry out
particular types of work that fall within a
class of plumbing work or specialised
plumbing work if—
(a) the person applies for restricted 221T; and
Building (Amendment) Act 1996
Act No. 39/1996 s. 5
(b) it is satisfied that the person has sufficient knowledge and experience to carry out that work competently and safely. (2) On receiving any restricted registration fee
required by the regulations, the Registrar
must give each person who is registered by
the Board under this section a certificate of
registration as evidence that the person is
registered to carry out a particular type of
work and must ensure that the word
"restricted" is prominently displayed on the
certificate and that the certificate states what
work the holder of the certificate may carry
out.
221S. Board may refuse to license or register convicted people etc.
(1) Despite sections 221M(2), 221N(2) and
221O(2), the Board may refuse to license or
register a person who—
(a) has been convicted of any offence involving fraud, dishonesty, drug trafficking or violence that was punishable by imprisonment for 6
months or more; or(b) has been convicted of an offence under any law regulating plumbing work or specialised plumbing work; or (c) has had his or her authorisation to carry
out plumbing work or specialised
plumbing work suspended or cancelled
for any reason other than his or her
failure to renew that authorisation; or
(d) is an insolvent under administration; or
Building (Amendment) Act 1996
| s. 5 | Act No. 39/1996 |
(e) has been convicted of an offence
against section 12, 16, 17, 18, 20 or 22
of the Fair Trading Act 1985 or
section 53, 55, 55A, 56, 58 or 60 of the
Trade Practices Act 1974 of the
Commonwealth.
(2) Despite sections 221M(2), 221N(2) and
221O(2), the Board must refuse to licence or
register a person who is for the time being
disqualified by an order of any regulatory
body from acting as a licensed or registered
plumber (or an equivalent occupation under
the jurisdiction of the regulatory body).
(3) This section applies regardless of where the
conviction, suspension, cancellation,
insolvency or disqualification occurred.
221T. Application for licensing or registration as
a plumber
(1) A natural person may apply to the Board to be licensed or registered under this Part.
(2) The application must—
(a) be in the form required by the Board; and (b) contain the information required by the Board to enable it to decide whether to grant the application; and (c) be accompanied by the relevant regulations.
(3) In the case of an application for a licence, the person applying must also include proof that he or she is (or will be if he or she is granted a licence) covered by the required insurance.
221U. Board may require further information
Building (Amendment) Act 1996
Act No. 39/1996 s. 5 (1) The Board may ask a person applying to be licensed or registered for more information concerning the application if it is reasonably
necessary to help it to decide whether to
grant the application.(2) The Board may refuse to license or register a
person if he or she does not give it the extra
information asked for within a reasonable
time of being asked for the information.
221V. Offence to give false information
A person must not make any written or oral
statement to the Board in relation to an
application for a licence or registration, or
for the renewal of a licence or registration,
that the person knows, or ought reasonably
to know, is false.Penalty: 50 penalty units.
221W. Temporary licence or registration
(1) The Registrar may temporarily license or register a person under this Part if—
(a) the person applies to be licensed or registered; and (b) the Registrar is satisfied that the person is likely to be licensed or registered by the Board; and (c) the person pays any temporary licence fee required by the regulations. (2) In exercising his or her powers under this
section, the Registrar must comply with any
directions of the Board concerning the
exercise of the powers.
(3) The Registrar or the Board may cancel a person's temporary licence or registration at
Building (Amendment) Act 1996
| s. 5 | Act No. 39/1996 |
any time, regardless of whether the Board
has considered the person's application.
(4) A person's temporary licence or registration
ends—
(a) 3 months after it is issued; or
(b) on the Board approving or rejecting the
person's application for licensing or
registration; or
(c) on the Registrar or Board cancelling the
licence or registration under sub-
section (3)—
whichever happens first.
221X. Board may impose conditions on licensing or registering a person
(1) The Board may impose any conditions it
thinks appropriate on licensing or registering a person, including a condition restricting the type of work a person may carry out within a class of work in respect of which the person is to be licensed or registered.
(2) A person must comply with any conditions
imposed on his or her licence or registration.
Penalty: 50 penalty units.
(3) The Registrar must ensure that a licence or
certificate of registration states any
conditions that the Board has imposed with
respect to the licence or certificate of
registration.
221Y. Duplicate licences and certificates of
registration
The Registrar may issue a duplicate licence or certificate of registration if—
Building (Amendment) Act 1996
Act No. 39/1996 s. 5
(a)
he or she is satisfied that the original licence or certificate of registration has been lost, mutilated or destroyed; and
(b)
the person asking for the duplicate has paid the fee required by the regulations.
221Z. How long licensing and registration last
(1) A person who is licensed to carry out a
particular class of plumbing work or
specialised plumbing work remains licensed
to carry out that work for one year (or any
lesser period specified by the Board).
(2) A person who is registered to carry out a
particular class of plumbing work remains
registered to carry out that work for 3 years.
(3) However, if a licensed or registered plumber is licensed or registered to carry out a second or subsequent class of plumbing work or
specialised plumbing work, he or she only remains licensed or registered to carry out that latter form of plumbing work until his or
her original licence or registration expires. (4) The Registrar must ensure that the fee
payable in respect of—
(a)
a licence that is to remain in force for less than one year; or
(b)
registration that is to remain in force for less than 3 years—
is reduced to take account of the shorter
period for which that licensing or
registration is to remain in force.(5) Sub-sections (1), (2) and (3) do not apply if
the Board suspends or cancels a person's
licence or registration under this Part.
Building (Amendment) Act 1996
| s. 5 | Act No. 39/1996 |
221ZA. Plumbers must notify Board of changes of
address etc.
A licensed or registered plumber must notify the Board in writing if he or she changes his or her residential or business address or has his or her business telephone number
changed, and must do so within 14 days of
the change.
Penalty: 5 penalty units.
221ZB. Application for renewal of licence or
registration as a plumber
(1) A plumber wishing to renew his or her
licence or registration must apply to the Board for the renewal at least 2 months before the licence or registration expires.
(2) The application for renewal must—
(a) be in the form required by the Board; and (b) contain the information required by the Board to enable it to decide whether to grant the renewal.
(3) In the case of an application for the renewal
include written proof to the Board that he or
she will be covered by the required insurance
until the next anniversary of his or her
licensing or, subject to such conditions as theof a licence, the person applying must also approved by the Board.
221ZC. Board may require further information
(1) The Board may ask a person applying to
have his or her licence or registration
renewed for more information concerning
the application if it is reasonably necessary
Building (Amendment) Act 1996
Act No. 39/1996 s. 5 to help it to decide whether to grant the
application.(2) The Board may refuse to renew a person's licence or registration if he or she does not give it the extra information asked for before
the licence or registration expires.
221ZD. Renewal of licence or registration(1) The Board must renew the licence or registration of a person to carry out a particular class of plumbing work or specialised plumbing work or to carry out a
particular type of plumbing work if the
person applies for the renewal in accordance
with section 221ZB.(2) However, the Board may refuse to renew the
licence or registration of a person who has,
since he or she was last licensed or
registered by the Board—
(a) involving fraud, dishonesty, drug
trafficking or violence that wasbeen convicted of any offence months or more; or
(b) been convicted of an offence under any
law regulating plumbing work or
specialised plumbing work; or
(c)
had his or her authorisation to carry out plumbing work or specialised plumbing work suspended or cancelled for any
reason other than his or her failure to
renew that authorisation; or(d) become an insolvent under
administration; or(e)
been convicted of an offence against section 12, 16, 17, 18, 20 or 22 of the
Building (Amendment) Act 1996
s. 5
| s. 5 | Act No. 39/1996 |
| Fair Trading Act 1985 or section 53, 55, 55A, 56, 58 or 60 of the Trade Practices Act 1974 of the Commonwealth. |
(3) Despite sub-section (1), the Board must
refuse to renew the licence or registration of
a person who is for the time being
disqualified by an order of any regulatory
body from acting as a licensed or registered
plumber (or an equivalent occupation under
the jurisdiction of the regulatory body).
(4) Sub-sections (2) and (3) apply regardless of
where the conviction, suspension,
cancellation, insolvency or disqualification
occurred.
(5) Despite sub-section (1), before renewing the licence or registration of a person, the Board may require the person to pass to its
satisfaction any examination specified by the to carry out the class of plumbing work or specialised plumbing work in respect of which he or she is licensed or registered.
(6) However, the Board may only require a person to pass such an examination if it imposes the same requirement on every member of a specified class of people
applying for the renewal of their licences or registrations, and the person is a member of that class.
(7) On receiving the relevant renewal fee set out
in the regulations, the Registrar must give
each person whose licence or registration has
been renewed by the Board proof in writing
of that fact.
221ZE. Board may permit late renewals
Building (Amendment) Act 1996
Act No. 39/1996
(1) The Board may renew the licence or
registration of a person even though the
person did not apply for the renewal within
the time required by section 221ZB(1).
(2) However, the Board may only do this if—
(a)
the person pays the late renewal fee required by the regulations; and
(b)
in a case where the licence or registration has expired, it is satisfied that the person did not carry out any plumbing work or specialised plumbing work after the expiry of the person's licence or registration.
221ZF. Information to be given to unsuccessful
applicants
(1) If the Board refuses to license or register a
person or to renew a person's licence or
registration, the Board must notify the
person in writing of the refusal as soon as
possible after the refusal.
(2) The notice of refusal must set out the Board's reasons for refusing the application and must contain a copy of section 221ZZZP.
Division 4—Compliance Certificates
221ZG. This Division does not apply to Type B
gasfitting work
Nothing in this Division applies to gasfitting work on a Type B gas installation (as defined in the regulations made under the Gas
Industry Act 1994). References to "plumbing work" in this Division are to be read as references to all plumbing work other than that work.
Building (Amendment) Act 1996
s. 5
| s. 5 | Act No. 39/1996 |
221ZH. Compliance certificate must be given for
most plumbing work
(1) This section only applies to the following plumbing work—
(a) any plumbing work that has a total value of $500 or more (or any higher amount fixed by the regulations); and (b) the installation of any gas-using appliance; and (c) the construction, installation or drain or associated gullies.
(2) Within 5 days of the completion of any
plumbing work to which this section applies that he or she has carried out or supervised, a licensed plumber must—
(a)
give the person for whom the work was carried out a signed compliance certificate in respect of the work; and
(b)
notify the Board, in the manner specified by the Board, that the compliance certificate has been given.
Penalty: 10 penalty units for a first offence;
15 penalty units for a second
offence;
25 penalty units for a third or
subsequent offence.(3) A document is not a compliance certificate
unless the certificate form used is a form that
has been supplied by the Board or a person
authorised by the Board.
221ZI. Details that must appear on a compliance
certificate
Building (Amendment) Act 1996
Act No. 39/1996
A licensed plumber must not sign a compliance certificate in relation to any plumbing work unless the certificate—
(a) describes the work; and
(b)
states that he or she carried out the work or that the work was carried out on his or her behalf or at his or her direction; and
(c)
states that the work complies with any particular requirements specified in the certificate; and
(d)
states that the work complies with the plumbing laws; and
(e)
contains any other details in relation to the work required by the certificate form.
Penalty: 10 penalty units.
221ZJ. Details on certificates must be accurate
A licensed plumber must not sign a
compliance certificate in relation to any
plumbing work if the plumber knows, or
ought reasonably to know, that the certificate
contains any misstatement of fact.Penalty: 60 penalty units.
221ZK. Only licensed plumbers may sign
certificates
A person must not—
(a)
sign a compliance certificate form issued by, or on behalf of, the Board unless he or she is a licensed plumber; or
(b)
sign a document that has not been issued by, or on behalf of, the Board
Building (Amendment) Act 1996
| s. 5 | Act No. 39/1996 |
| and that purports to be a compliance certificate. |
Penalty: 60 penalty units.
221ZL. Meaning of the total value of plumbing
work
For the purposes of this Division, the total value of plumbing work is the sum of—
(a) the cost of any materials used in the work (even if the materials were not supplied by the person carrying out the work); and
(b) if the work involves the installation of any thing, the cost of the thing (even if the thing was not supplied by the
person carrying out the work); and
(c)
the cost of the labour involved in the work.
221ZM. Copies of certificates must be kept for 10
years
A person must keep for at least 10 years a
copy of every compliance certificate signed
by him or her.Penalty: 10 penalty units.
221ZN. Provisions concerning the supply of
certificate forms
(1) The Board may sell compliance certificate forms to licensed plumbers.
(2) The Board may authorise a person to sell
compliance certificate forms to licensed
plumbers.
(3) In authorising a person, the Board may impose any conditions on its authorisation
Building (Amendment) Act 1996
s. 5
s. 5
Act No. 39/1996
that it thinks appropriate, and may change
any such condition at any time.(4) A person authorised by the Board to sell compliance certificate forms—
(a) must not sell or give a compliance certificate form to a person who is not a licensed plumber; and (b) must not sell a compliance certificate form to a licensed plumber at a price greater than $20 (or any other amount specified by the regulations); and
(c)
must comply with any condition imposed by the Board in granting its authorisation.
Penalty: 20 penalty units.
(5) The Board must not sell a compliance
certificate form to a licensed plumber at a
price greater than $20 (or any other amount
specified by the regulations).
(6) A licensed plumber may authorise a person
in writing to buy compliance certificate
forms on the plumber's behalf.
(7) A licensed plumber must ensure that only
one person has such an authority at any one
time.
Penalty: 5 penalty units.
(8) A reference to a licensed plumber in sub-
sections (1) to (5) includes a reference to any person duly authorised by a licensed plumber under sub-section (6).
221ZO. Further obligation for compliance
certificates for sanitary drains
Building (Amendment) Act 1996
Act No. 39/1996
(1) This section applies if a licensed plumber
constructs, installs or alters any sanitary
drain.
(2) If required by a water authority to give the
authority a plan of the sanitary drain as it
appears after the work is completed, the
licensed plumber must—
(a)
ensure that the plan is given to the authority before the compliance certificate is signed; and
(b)
indicate on the compliance certificate that the plan has been given to the authority.
Division 5—Provisions Applying to Particular
Plumbing Work
221ZP. Sanitary drainage and other work must be made available for inspection before being covered
(1) This section applies if a licensed plumber—
(a)
(b) carries out any other plumbing workconstructs, installs or alters any below gullies, or supervises any such work; or
that the regulations state is work to
which this section applies.(2) The plumber must not cover any pipes or
pipework involved in the work unless—
(a)
he or she has advised the Board in the manner specified by the Board of the time at which the work will be ready for inspection; and
(b) either—
Building (Amendment) Act 1996
Act No. 39/1996 s. 5 (i) has inspected the work and
a person authorised by the Board the work; or
(ii) no person authorised by the Board arrives to inspect the work and at least half an hour has elapsed since the time referred to in paragraph (a).
Penalty: 10 penalty units.
(3) Unless he or she has a reasonable excuse for
not doing so, the plumber must ensure that
the work is ready to be inspected at the time
given to the Board under sub-section (2)(a).
Penalty: 10 penalty units.
Division 6—Insurance Orders
221ZQ. Order requiring insurance
(1) The Minister may, by order published in the Government Gazette—
(a) require licensed plumbers to be covered by insurance; and (b) specify the kinds and amount of
insurance by which licensed plumbers
are required to be covered.
(2) An order—
(a)
must state the date on which it is to take effect, which must be a date that is not earlier than 21 days after the date it is published in the Government Gazette;
(b) may impose different requirements for
different classes of licensed plumbers.
Building (Amendment) Act 1996
| s. 5 | Act No. 39/1996 |
(3) The Minister may, in a particular case, vary
any excess specified in an order if the do so.
(4) The Minister may revoke an order.
(5) For the purposes of this Part, a person is
covered by the required insurance if—
(a) the person holds the required insurance;
or
(b) the work carried out by or on behalf of
the person is covered by the required
insurance; or
(c) the person is not a party to the required insurance but is specified or referred to in the insurance, whether by name or
otherwise, as a person to whom the
insurance cover extends.
(6) In this section "insurance" includes— (a) professional indemnity insurance; (b) a performance bond;
(c) a guarantee;
(d) an indemnity;
(e) public liability insurance;(f) insurance relating to a particular
project;
(g) insurance taken out by any body or person that relates to the work of a licensed plumber;
(h) any agreement or instrument in the
nature of an item set out in paragraphs
(a) to (g).
Building (Amendment) Act 1996
s. 5
s. 5
Act No. 39/1996
221ZR. Offence to work as plumber without
required insurance
A licensed plumber must not carry out any plumbing work unless he or she is covered by the required insurance.
Penalty: 100 penalty units.
221ZS. Offence to claim to be insured when
uninsured
A person who carries out, or offers to carry
out, any plumbing work and who is not
covered by the required insurance must not
hold himself or herself out as being covered
by that insurance.Penalty: 100 penalty units.
221ZT. Further provisions concerning required
insurance
Without limiting section 221ZQ, if an order under that section requires a licensed plumber to be covered by insurance relating to the carrying out of plumbing work, the insurance required by the order may, subject to any exemptions or exclusions set out in the order, relate to losses resulting from—
(a) non-completion of the work;
(b) defective work;(c) conduct by the plumber in connection
with the contract for that work that of the Fair Trading Act 1985.
contravenes section 52, 53, 55A or 74
of the Trade Practices Act 1974 of the
221ZU. Suspension of licence if insurance ceases
Building (Amendment) Act 1996
Act No. 39/1996
(1) The Board must suspend the licence of a
licensed plumber if it becomes aware that he
or she has ceased to be covered by the
required insurance.
(2) If the Board suspends a person's licence
under sub-section (1), it must give him or her
written notice of the suspension.
(3) A suspension imposed under this section lasts until the person suspended gives the Board written proof that he or she is covered
by the required insurance until the next
anniversary of his or her licensing. When
that proof is given, the Board must revoke
the suspension.221ZV. Suspension of licence where failure to comply with insurer's direction
(1) An insurer may apply to the Board for the
suspension of the licence of a licensed
plumber on the ground of a failure by the
plumber to comply with a reasonable
direction of the insurer in respect of the
completion or rectification of defective
plumbing work or any payment to be made
to the insurer in respect of the completion or
rectification of defective plumbing work in
accordance with the required insurance.
(2) An application must— (a) be in writing; and (b) set out the terms of the direction to be
complied with.
(3) The Board must notify a plumber in respect
of whom an application is made without
delay of the application and advise the
plumber—
Building (Amendment) Act 1996
Act No. 39/1996 s. 5
(a)
that his or her licence may be suspended at the end of 28 days after the date of the notice unless the plumber complies with the direction; and
(b) that he or she has a right to be heard by
the Board in respect of the application.(4) If a plumber has not complied with the
direction within 28 days after the date of the
notice, the Board, after giving the plumber
an opportunity to be heard, may suspend the
plumber's licence.
(5) Clauses 12, 15, 16, 17, and 18(1) of
Schedule 3 apply to a proceeding under sub- section (4) as if a reference in those clauses to the Building Appeals Board was a
reference to the Plumbing Industry Board.
(6) If the Board suspends a plumber's licence
under this section, the suspension lasts until
the Board is satisfied that the plumber has
complied with the direction. On being so
satisfied, the Board must revoke thesuspension.
Division 7—Rectification of Defective
Plumbing Work
221ZW. Inspector or auditor may require plumber
to rectify faulty work
(1) This section applies if a plumbing inspector or compliance auditor is of the opinion that particular plumbing work is in breach of any
plumbing laws that apply to the work.
(2) The inspector or auditor may give the person who carried out the work, or who supervised the carrying out of the work, a written
Building (Amendment) Act 1996
| s. 5 | Act No. 39/1996 |
rectification notice requiring the person to
rectify the work to make it comply with the
plumbing law that the work does not comply
with within the time specified by the
inspector or auditor.(3) If a certificate of compliance was given with respect to the work, the inspector or auditor may also require the licensed plumber who signed the certificate to produce a new
certificate of compliance in respect of the rectified work and to give the inspector or auditor a copy of that new certificate within
the time specified by the inspector or auditor. (4) In requiring a copy of a new compliance
certificate under sub-section (3), the
inspector or auditor must allow the licensed
plumber a period of at least 10 days after the
date of the notice to comply with therequirement.
(5) A person—
(a)
must comply with any requirement made by an inspector or auditor in a rectification notice; and
(b)
must not ask for, or receive, from the person for whom the work was originally carried out (or any agent of that person) any money in respect of any cost arising from anything the person does in complying with a rectification notice.
Penalty: 50 penalty units.
(6) The inspector or auditor must make it clear
in a rectification notice in what way the work
that needs rectification is defective.
Building (Amendment) Act 1996
Act No. 39/1996 s. 5 (7) If a person applies to the Administrative
Appeals Tribunal under section 221ZX to have a rectification notice cancelled, he or she need not comply with the notice until he
or she abandons the application or receives
written notice that the Tribunal has affirmed
the rectification notice or dismissed theapplication.
(8) For the purposes of sub-section (7), if the
time specified to comply with a rectification notice is expressed as a date, the time within which the notice must be complied with is
the number of days between that date and the
date the notice was given to the person.(9) If an inspector or auditor gives a rectification notice to a person before the person produces any compliance certificate that the person is
required to produce in respect of particular
plumbing work, the person must still
produce the compliance certificate once the
rectification work has been completed.
(10) The inspector or auditor must give a copy of
the rectification notice to the person on
whose behalf the plumbing work was carried
out.
221ZX. Right to apply to A.A.T. to have a
rectification notice cancelled
(1) A person who has been given a rectification
notice may apply to the Administrative issue the notice reviewed. (2) Such an application must be made within 5
business days of the date the person receives
the notice.
Building (Amendment) Act 1996
s. 5
| s. 5 | Act No. 39/1996 |
221ZY. Plumbing notice to owner/occupier to rectify defective plumbing work
(1) This section applies if a plumbing inspector
is of the opinion that any plumbing work that
has been carried out on any land or in any
building—
(a) contravenes any plumbing laws; or
(b) would contravene any plumbing laws if it were to be used; or (c) may be a danger to the life, safety or health of any person or may pose a risk of damage to any property. (2) The plumbing inspector may give the owner or occupier of the land or building a written notice that requires the owner or occupier to show cause within a specified period why he or she should not ensure that the plumbing
work is rectified.
(3) The notice must be in the form specified by
the Board.
221ZZ. Owner/occupier may dispute a plumbing
notice
An owner or occupier who has been given a plumbing notice may make representations about any matter set out in the notice to the inspector who signed it in the manner set out
in the notice.
221ZZA. Inspector may cancel plumbing notice
The plumbing inspector who gave a plumbing notice may cancel it at any time.
221ZZB. Plumbing order to rectify defective
plumbing work
Building (Amendment) Act 1996
Act No. 39/1996
(1) A plumbing inspector may issue a written
order requiring that the owner or occupier of
any land or building—
(a) rectify any plumbing work that has been carried out on the land or in the building so that it complies with the plumbing laws; or (b) modify any plumbing work that has been carried out on the land or in the building. (2) A plumbing inspector may only issue such an order after—
(a)
he or she has given the owner or occupier a plumbing notice in respect of the plumbing work; and
(b)
he or she has considered any representations made by the owner or occupier in response to the plumbing notice within the period permitted by the plumbing notice; and
(c)
the time permitted by the plumbing notice for the making of representations has passed.
(3) The order—
(a)
must specify the time or times within which it must be complied with (which must be a period of at least 15 business days after it is given to the owner or occupier); and
Building (Amendment) Act 1996
| s. 5 | Act No. 39/1996 |
(b)
must contain a copy of sections 221ZZC, 221ZZE and 221ZZJ; and
(c)
must contain any other details required by the Board.
221ZZC. Owner/occupier must comply with
plumbing order
(1) An owner or occupier of any land or building must comply with any requirement set out in a plumbing order that has been given to him or her within the time set out in the order.
Penalty: In the case of a natural person, 60
penalty units;
In the case of a body corporate,
120 penalty units.(2) Sub-section (1) does not apply if the owner
or occupier has a reasonable excuse for
failing to comply with the order.
221ZZD. Inspector may cancel plumbing order
The plumbing inspector who gave a plumbing order may cancel it at any time.
221ZZE. Right to apply to the A.A.T. to have a
plumbing order cancelled
(1) A person who has been given a plumbing
order may apply to the Administrative issue the order reviewed. (2) Such an application must be made within 15 business days of the date the person receives the order.
(3) If an owner or occupier applies to the
Tribunal within the time allowed, he or she need not comply with section 221ZZC until the expiry of—
Building (Amendment) Act 1996
Act No. 39/1996 s. 5
(a)
15 business days after he or she receives written notice that the Board has affirmed the plumbing order; or
(b)
5 business days after he or she abandons the application or he or she receives written notice that the Board has dismissed the application—
(whichever happens first).
(4) In considering an application, the Tribunal may consider matters not raised before the plumbing order was made.
221ZZF. Emergency plumbing order to rectify
dangerous plumbing work
(1) This section applies if a plumbing inspector
is of the opinion that any plumbing work that
has been carried out on any land or in any
building—
(a) contravenes any plumbing laws or it were to be used; and
(b) is an immediate danger to the life, safety or health of any person or poses an immediate risk of significant damage to any property. (2) The plumbing inspector may issue a written order requiring that the owner or occupier of the land or building, within a specified time or times—
(a)
rectify the plumbing work so that the danger or risk is removed; or
(b)
modify the plumbing work so that the danger or risk is removed; or
Building (Amendment) Act 1996
| s. 5 | Act No. 39/1996 |
(c) ensure that everyone on the land or in the building is evacuated from the land or building; or (d) ensure that specified people or classes of people on the land or in the building are evacuated from the land or building. (3) The plumbing inspector may also, in an emergency plumbing order, prohibit the occupation or use of the land or building for
a specified period of up to 48 hours.
(4) The order must contain a copy of sections 221ZZG and 221ZZJ.
(5) The Board has no power to cancel an order made under this section.
221ZZG. Offence to not comply with emergency
plumbing order
(1) An owner or occupier of any land or building
must comply with any emergency plumbing
order that has been given to him or her.
Penalty: In the case of a natural person,
120 penalty units;
In the case of a body corporate,
360 penalty units.(2) A person must not occupy or use any land or
building in contravention of an emergency
plumbing order.
Penalty: In the case of a natural person,
120 penalty units;
In the case of a corporation, 360
penalty units.(3) This section does not apply if the owner,
occupier or person has a reasonable excuse
for failing to comply with the order.
Building (Amendment) Act 1996
Act No. 39/1996 s. 5 221ZZH. Inspector may cancel emergency plumbing
order
The plumbing inspector who gave an emergency plumbing order to an owner or occupier may cancel it by written notice given to the owner or occupier if the order was made in error or if the circumstances giving rise to the making of the order have changed.
221ZZI. Plumbing notices and orders to be last
resort
(1) A plumbing inspector must not give an
owner or occupier of any land or building a
plumbing notice or a plumbing order in
relation to any plumbing work unless
either—
(a)
the inspector served a rectification notice in relation to the work on the plumber responsible for the work, and it is clear that that notice will not be complied with; or
(b)
the inspector is satisfied that it is either not possible or not appropriate to serve a rectification notice in relation to the
work on the plumber responsible for the
work.(2) A plumbing inspector must not give an
owner or occupier of any land or building an emergency plumbing order in relation to any plumbing work that makes a requirement
under section 221ZZF(2)(a) unless the
inspector is satisfied that the emergency
plumbing order is likely to be complied with
more quickly than a rectification notice in
relation to the work would be complied with.
Building (Amendment) Act 1996
| s. 5 | Act No. 39/1996 |
221ZZJ. Owner/occupier must report the completion
of required work
(1) An owner or occupier who is required by a
plumbing order or emergency plumbing
order to ensure that plumbing work is carried
out must advise the plumbing inspector who
issued the order that the work has been
carried out as soon as is practicable after the
work is finished.
Penalty: 10 penalty units.
(2) On receiving the advice, the plumbing inspector must inspect the work.
221ZZK. Work may be carried out by plumbing
inspector/Board
(1) If an owner or occupier fails to comply with
a plumbing order or emergency plumbing order, the Board or the plumbing inspector who issued the order may cause the work
required by the order to be carried out. (2) The Board may recover any costs incurred in
carrying out the work from the owner or
occupier (as the case may be) in a court of
competent jurisdiction as a debt due to theBoard.
221ZZL. Police assistance
(1) A plumbing inspector may ask for the help
of a member of the police force, and a
member of the police force may help—
(a) in evacuating land or a building in plumbing order; or
(b)
in removing people from land or a building on or in which the work is being carried out in accordance with a
Building (Amendment) Act 1996
Act No. 39/1996 s. 5 plumbing order or an emergency
plumbing order by the inspector or a
person asked to carry out the work by
the inspector or the Board.(2) A member of the police force may use
reasonable force in carrying out a function
under sub-section (1).
Division 8—Interpretation and Modification of
Plumbing Regulations
221ZZM. Meaning of "plumbing regulations"
In this Division, "plumbing regulations" means—
(a)
any regulations made under section 221ZZZV(1)(a) or (g)(i); or
(b)
any regulation (other than any regulation made under the Gas Industry Act 1994), local law or by-
law that applies, or that applied at a
material time, to plumbing work.221ZZN. Board may resolve disputes concerning the
interpretation of plumbing regulations
(1) This section applies if there is a dispute
about the application or effect of any
provision of the plumbing regulations, or
whether any provision of the plumbing
regulations is, or has been, complied with,
and the dispute is between all or any of the
following—
(a)
the owner or occupier of a premises on which plumbing work is being, has been or is about to be, carried out;
Building (Amendment) Act 1996
| s. 5 | Act No. 39/1996 |
(b) the licensed or registered plumber who is carrying out, carried out, or is about to carry out, that work; (c) any person who acts on behalf of the owner or occupier of the premises; (d) a plumbing inspector or compliance auditor. (2) One or more of the parties to the dispute may apply to the Board for a declaration as to the application or effect of the provision of the
plumbing regulations or whether the
provision of the plumbing regulations is, or
has been, complied with.(3) The application may be made in any manner approved by the Board.
(4) After conducting a hearing on the
application, the Board must declare its
opinion on the matter in dispute.(5) Each party to the dispute is bound by the
declaration of the Board and must give effect
to the declaration once the declaration takes
effect.
(6) Each person who was given an opportunity
to be heard by the Board is a party to the
dispute for the purposes of sub-section (5).
(7) An application to the Administrative Appeals Tribunal for the review of a declaration of the Board must be made by
the end of the 5th business day after each party to the dispute has received a copy of the declaration.
(8) A declaration takes effect—
Building (Amendment) Act 1996
Act No. 39/1996 s. 5
(a) at the start of the 6th business day after each party to the dispute has received a copy of it; or (b) lodged, on the application being
abandoned or on the Administrativeif an application to review it has been application or affirming the declaration.
(9) If a person applies to the Administrative
Appeals Tribunal for the review of a declaration, the Board must give the person its written reasons for the declaration as soon as possible after the application is lodged.
221ZZO. Modification of plumbing regulations
(1) The Board may declare that a provision of
the plumbing regulations does not apply, or
applies with specified variations, to specified
plumbing work.
(2) A declaration under this section overrides
the plumbing regulations and must be given
effect to with respect to the specified
plumbing work as if those regulations had
been amended to accord with the declaration.
(3) An application for a declaration may be
made by—
(a)
the owner or occupier of a building or land;
(b) a licensed or registered plumber;
(c)
a plumbing inspector or compliance auditor;
(d)
a Department Head within the meaning of the Public Sector Management Act 1992;
(e) a public authority.
Building (Amendment) Act 1996
| s. 5 | Act No. 39/1996 |
(4) The person applying for the declaration
must—
(a) identify the plumbing work for which the application is being made; and (b) specify in what way the person would like the plumbing regulations modified with respect to that work. (5) An application for a declaration must be
accompanied by the fee set out in the
regulations.
(6) For the purposes of this Part, any plumbing
work that is the subject of a declaration
complies with the plumbing regulations if it
complies with those regulations as modified
by the declaration.
221ZZP. Matters Board must consider before
making a modification declaration
(1) The Board may only declare that a provision
of the plumbing regulations does not apply to specified plumbing work if it is satisfied that the provision is inappropriate in the
particular circumstances.(2) The Board may only declare that a provision of the plumbing regulations applies with the variations specified by the Board to specified
plumbing work if it is satisfied that it is
reasonable to do so and is not detrimental to
the public interest.(3) In making a declaration under section
221ZZO, the Board may impose any
conditions that it thinks appropriate in
relation to how the declaration is to be given
effect to.
221ZZQ. Procedure applying to hearings under this
Part
Building (Amendment) Act 1996
Act No. 39/1996 s. 5 (1) Subject to anything to the contrary in this
Part, clauses 12, 15, 16, 17, 18(1) and 19 of Schedule 3 apply to the hearing of a dispute under section 221ZZN or of an application
under section 221ZZO as if a reference inthose clauses to—
(a) the Building Appeals Board was a reference to the Plumbing Industry Board; and (b) a determination was a reference to a declaration. (2) For the purposes of this Division, section 221ZZZO applies as if a reference in that section to a disciplinary hearing was a
reference to the hearing of a dispute under section 221ZZN or of an application under section 221ZZO.
Division 9—The Plumbing Industry Board
221ZZR. Establishment of the Plumbing Industry
Board
There is established a Plumbing Industry
Board.
221ZZS. The Board is a body corporate
(1) The Plumbing Industry Board—
(a)
is a body corporate with perpetual succession; and
(b) has a common seal; and
(c) may sue and be sued in its corporate
name; and
(d)
may do and suffer all acts and things that bodies corporate may by law do and suffer and that are necessary for, or
Building (Amendment) Act 1996
| s. 5 | Act No. 39/1996 |
| incidental to, the performance of its functions. |
(2) The common seal of the Board must not be used except as authorised by the Board.
(3) All courts and people acting judicially must
take judicial notice of the common seal of
the Board.
221ZZT. Constitution
(1) The Board consists of the following 8
members appointed by the Governor in
Council—
(a) a Chairperson, who must be a person who is nominated by the Minister and who, in the opinion of the Minister, has substantial knowledge of, and
experience in, the plumbing industry;
and(b) a person nominated by the Minister administering the Water Act 1989; and (c) a person nominated by the Minister administering the Gas Industry Act 1994; and (d) a person nominated by the Master Association of Australia; and
(e) a person nominated by the Plumbing Union; and
(f)
administering the Vocational
a person nominated by the Minister and
(g) the Commissioner or the
Commissioner's nominee; and
Building (Amendment) Act 1996
Act No. 39/1996 s. 5 (h) a person nominated by the Minister.
(2) If a body referred to in sub-section (1)(d) or (e) fails to nominate a person within 30 days of being asked to do so in writing, the
Minister may nominate a member of that body to be a member of the Board.
221ZZU. Functions
(1) The functions of the Board are—
(a) to administer the plumber licensing and registration system created by this Part; (b) to promote the maintenance of adequate levels of competence among plumbers; (c) technical standards applying to the
plumbing industry, including standardsto monitor and enforce compliance with construction and maintenance;
(d) to promote plumbing practices which consumers and the integrity of water supply and waste water systems;
(e) to hold, or cause to be held, examinations in plumbing work for the purposes of this Part and to appoint examiners to conduct those examinations; (f) regulations under this Part and
plumbing technical standards (otherto advise the Minister on the making of relating to gasfitting work);
(g) to promote the resolution of consumer complaints about work carried out by plumbers;
Building (Amendment) Act 1996
| s. 5 | Act No. 39/1996 |
(h) to provide an information service with respect to plumbing; (i) generally to carry out any other function or duty given to it, or imposed on it by this Act or any other Act.
(2) The Minister administering the Gas
Industry Act 1994 may give the Board written directions concerning the exercise of the Board's functions as it affects gas safety and people carrying out gasfitting work, other than directions affecting one person only.
(3) The Board must comply with those
directions.
221ZZV. Powers
(1) The Board may do all things that are
necessary or convenient to enable it to
perform its functions.
(2) The Board may, in writing, delegate to one or more of its members or sub-committees any of its functions (other than this power of
delegation).
221ZZW. Conditions of appointment and Board
procedures
(1) Part 1 and clauses 9, 10 and 11 of Schedule 3
apply to the membership and procedure of
the Board.
(2) However, a reference to the Minister in
clauses 1(4) and 3(1) of Schedule 3 is to be
read as a reference to the Governor in
Council for the purposes of this section.
221ZZX. Sub-committees
(1) The Board may establish and dissolve sub- committees of its members and define the
Building (Amendment) Act 1996
Act No. 39/1996 s. 5 functions, procedure and membership of its
sub-committees.
(2) A matter cannot be decided at a meeting of a
sub-committee unless more than half of the members of the sub-committee are present.
Division 10—Enforcement
221ZZY. Enforcement staff
(1) The Board may appoint or employ for the purposes of this Part—
(a) plumbing inspectors; and
(b) compliance auditors.
(2) The Board must give every person that it
appoints as a plumbing inspector an identity card that displays a photograph of the person and states the person's name and the fact that he or she is a plumbing inspector appointed
by the Board.
(3) The Board must give every person that it
appoints as a compliance auditor an identity card that displays a photograph of the person and states the person's name and the fact that he or she is authorised to conduct
compliance audits for the Board.
221ZZZ. Functions of compliance auditors
(1) The function of a compliance auditor is to
examine plumbing work in respect of which
a compliance certificate has been issued—
(a)
to monitor the accuracy of the certificate; and
(b)
to ensure that the work has been competently carried out and does not
Building (Amendment) Act 1996
| s. 5 | Act No. 39/1996 |
| pose any risk of injury or damage to any person or property; and |
(c) to ensure that the plumbing laws have been complied with.
(2) The Board is to determine in its absolute
discretion what plumbing work is to be
examined by a compliance auditor.
221ZZZA. Powers of compliance auditors
A compliance auditor may—
(a) require a person who is, or was, a licensed plumber to produce any document that relates to any work that the auditor is examining; and
(b)
make copies of any document that relates to any work that the auditor is examining; and
(c)
require a person who is, or was, a licensed plumber to supply any other information or document that relates to any work or compliance certificate that the auditor is examining; and
(d)
report to the Board, or a person authorised by the Board, the results of any examination he or she conducts.
221ZZZB. Plumber must give information to
compliance auditor
(1) A person must comply with any requirement made by a compliance auditor under section 221ZZZA(a) or (c).
Penalty: 50 penalty units.
(2) However, a person need not answer any
question put to him or her under section
Building (Amendment) Act 1996
Act No. 39/1996
221ZZZA(c) if the answer might incriminate
him or her.
Building (Amendment) Act 1996
| s. 5 | Act No. 39/1996 |
221ZZZC. Additional powers of plumbing inspectors
(1) Part 13 applies to caravans and vessels as if a
caravan or vessel was a building and the occupant of the caravan or vessel was its occupier.
(2) After entering any land or building under
Part 13, a plumbing inspector or compliance auditor may—
(a) inspect and test any plumbing work on or in that land or building; (b) if it is reasonable or necessary for the purpose of such an inspection or test— (i) isolate that land or building from any water or gas supply;
(ii) connect or reconnect that land or
building to a water or gas supply;
(iii) dismantle and re-assemble the
work.
(3) In this section—
"caravan" includes any form of movable
dwelling other than a boat or
houseboat;
"vessel" means any boat or houseboat that has a gas appliance or toilet as a fixture.
221ZZZD. Compulsory inspections
(1) This section applies if GASCOR or a water authority has evidence to suggest—
(a)
that particular plumbing work does not comply with the plumbing laws; or
(b)
that a real threat to health and safety exists as a result of the improper installation or maintenance of a sanitary
Building (Amendment) Act 1996
Act No. 39/1996 s. 5 drain or an appliance or fixture that
uses water or gas; or
(c) that there is infiltration of groundwater drains—
(i) from surface areas; or
(ii) from downpipes; or
(iii) due to gullies being fitted at an inappropriate level; or (iv) due to defective plumbing work.
(2) GASCOR or the water authority may ask the Board in writing to inspect the work or drain, appliance or fixture.
(3) On receiving such a request and a copy of
the evidence, the Board must cause an
inspection to be made of the work or drain,
appliance or fixture.
221ZZZE. Plumbing infringements for failing to give
a compliance certificate
(1) An authorised officer may serve an
infringement notice on any person that the authorised officer has reason to believe has committed an offence against section
221ZH.(2) The notice must be in the form specified by the Board and must—
(a)
state that it is issued in respect of an offence under section 221ZH;
(b)
state the name and address of the person to whom it is issued;
(c)
identify the plumbing work in respect of which the alleged offence was committed;
Building (Amendment) Act 1996
| s. 5 | Act No. 39/1996 |
(d) briefly describe the alleged offence;
(e)
set out the infringement penalty that applies to the offence;
(f) have a unique number;
(g) state the date on which it is issued;
(h) state when and where it should be paid;(i) state what additional steps (if any) are required to expiate the offence and by when those steps must be taken;
(j)
state how the offence may be expiated, and that if the offence is expiated the matter cannot be brought before the Magistrates' Court unless the notice is withdrawn within 28 days after it was served;
(k)
set out the name of the authorised officer who issued it and be signed by her or him.
(3) An infringement penalty of 5 penalty units
applies to an offence under section 221ZH.(4) For the purposes of this section, sections 256, 257, 258 and 259 apply as if—
(a)
there were substituted for section 256(1) the following provision— "(1) The additional steps that may be
required to expiate an offence
under section 221ZH are—
(a) the completion of a
compliance certificate in
respect of the plumbing
work; and
Building (Amendment) Act 1996
s. 5
s. 5
Act No. 39/1996
(b)
the notification of the Board that a compliance certificate has been given.";
(b)
a reference in those sections to an authorised officer was a reference to an authorised officer under this section; and
(c)
there were substituted for section 258(4) the following provision— "(4) An infringement penalty must be
paid—
(a) by posting it to the business officer; or
(b) at the business office of the office hours.".
(5) In this section, "authorised officer"
means—
(a) a member of the Board;
(b) the chief executive officer of the Board;
(c) a plumbing inspector;(d) a compliance auditor;
(e) any other person authorised by the notices under this section.
Division 11—Inquiries and Disciplinary Action
221ZZZF. Inquiry by Board
(1) The Board may conduct an inquiry as to whether there is proper cause for taking disciplinary action against a person who is,
Building (Amendment) Act 1996
| s. 5 | Act No. 39/1996 |
or has been, licensed or registered under this
Part.(2) The Board may conduct such an inquiry on
its own motion or after receiving a complaint
concerning the conduct or competence of
any person who is licensed or registered
under this Part.
221ZZZG. Grounds on which disciplinary action may
be taken
(1) There is proper cause for taking disciplinary action against a person who is, or has been, licensed or registered under this Part if—
(a) registration by fraud or
he or she obtained the licence or facts;
(b) he or she has been convicted of an
offence against the plumbing laws;
(c) he or she has been convicted of any offence involving fraud, dishonesty, drug trafficking or violence that was punishable by imprisonment for 6 months or more;
(d)
he or she has breached any requirement of this Act;
(e)
he or she has had his or her licence or registration or other authorisation to engage in plumbing work outside Victoria cancelled or suspended for any reason other than his or her failure to renew that licence, registration or other authorisation;
Building (Amendment) Act 1996
Act No. 39/1996 s. 5
(f) he or she has been guilty of, or was a party to, any negligence or incompetence in connection with the carrying out of any plumbing work; (g) he or she has carried out, or was a party to, the carrying out of plumbing work otherwise than in a good and workmanlike manner; (h) he or she directed or permitted the carrying out of plumbing work otherwise than in a good and workmanlike manner; (i) he or she has been guilty of any fraudulent conduct in regard to the carrying out of any plumbing work;
(j) he or she, in the course of carrying out any plumbing work— (i) used materials that he or she knew, or reasonably ought to have known, were defective; or
(ii) was a party to the carrying out of any plumbing work using materials that he or she knew, or reasonably ought to have known, were defective;
(k)
he or she has failed to comply with a reasonable direction of an insurer in respect of the completion or
rectification of defective plumbing
work or any payment to be made to the
insurer in respect of the completion or
rectification of defective plumbing
work in accordance with required
insurance.
Building (Amendment) Act 1996
| s. 5 | Act No. 39/1996 |
221ZZZH. Procedure concerning inquiries
(1) To start an inquiry, the Board must give the
following details in writing to the person who is to be the subject of the inquiry—
(a)
the grounds on which the inquiry is to be conducted; and
(b)
if the inquiry is based on a complaint, the substance of that complaint; and
(c)
the time and place at which the inquiry will be held; and
(d)
the fact that the person may make oral and written submissions to the Board in relation to the inquiry; and
(e) a copy of section 221ZZZJ.
(2) The Board may conduct an inquiry in the
absence of the person whose conduct or competence is being inquired into if it is satisfied that the person received the details
listed in sub-section (1).
221ZZZI. How inquiry to be conducted
Clauses 12, 15, 16, 17, 18(1) and 19 of Division as if a reference in those clauses to the Building Appeals Board was a reference to the Plumbing Industry Board.
221ZZZJ. Disciplinary powers of the Board
(1) At the end of an inquiry, if the Board is
satisfied that proper cause for taking
disciplinary action against a person exists,
the Board may do one or more of the
following—
(a) reprimand the person;
Building (Amendment) Act 1996
Act No. 39/1996 s. 5
(b)
if the person is licensed or registered under this Part—
(i) impose new conditions on, or vary licence or registration;
(ii) suspend the licence or registration for a period of up to 12 months;
(iii) cancel the licence or registration specified later date;
(c) if the person is licensed or registered under this Part, require the person to pass a specified examination or complete a specified period of training
or attend a specified course of
instruction;(d) disqualify the person from being period of up to 3 years;
(e) order the person to pay the costs of the inquiry (including incidental costs); (f) order the person to pay the Board a penalty of up to $1000 (unless a charge has been filed in the Magistrates' Court in respect of the matter or the matter has been dealt with by a court exercising its criminal jurisdiction). (2) If the Board makes an order under this
section, the Registrar may give a copy of the
order to any person or body who the
Registrar thinks should be told of the order.
Building (Amendment) Act 1996
| s. 5 | Act No. 39/1996 |
221ZZZK. Presumption of suspension for repeated
offences concerning compliance notices(1) This section applies if the Board is satisfied, at the end of an inquiry—
(a) that a person has contravened section 221ZH; and (b) that the person has contravened that section on at least 2 separate occasions within the past 3 years. (2) The Board must suspend the person's licence
for a period of up to 3 months unless it is
satisfied that there is a good reason for not
doing so.
221ZZZL. Board may revoke cancellation or
suspension
The Board may at any time revoke any order it has made under section 221ZZZJ cancelling or suspending a person's licence or registration.
221ZZZM. Board may compensate victims of
unsatisfactory plumbing work
If the Board makes an order under section
221ZZZJ(1)(f), the Board may pay an
amount up to the amount referred to in the
order to any person who, in the opinion of
the Board, has suffered loss as a result of any
unsatisfactory work that was a reason for themaking of the order.
221ZZZN. Procedural matters concerning Board sub-
committees conducting inquiry or taking
disciplinary action(1) Clauses 8(3), (5) and (8) of Schedule 3 apply to any sub-committee of the Board that is
Building (Amendment) Act 1996
Act No. 39/1996 s. 5 conducting an inquiry under this Division as
if—
(a)
a reference to a panel was a reference to the sub-committee; and
(b)
a reference to the Building Appeals Board was a reference to the Plumbing Industry Board.
221ZZZO. Changes to composition of Board while
conducting inquiry or taking disciplinary
action
(1) If the Board, or a sub-committee of the
Board, is conducting an inquiry under this Division or a disciplinary hearing, the Board or sub-committee may continue to conduct the inquiry or hearing even though one or more of its members is unable to continue to conduct the inquiry or hearing.
(2) Sub-section (1) does not apply if the
withdrawal of a member does not leave
enough members on the Board or sub-
committee to form a quorum.
Division 12—Review of Decisions
221ZZZP. Review by A.A.T.
A person may apply to the Administrative decision by the Board in relation to—
(a)
a refusal to license or register him or her or to renew his or her licence or registratration;
(b)
any conditions imposed on his or her licence or registratration;
Building (Amendment) Act 1996
| s. 5 | Act No. 39/1996 |
(c)
any disciplinary action taken against the person by the Board (including any action taken under section 221ZV(4));
(d)
a declaration under section 221ZZN or 221ZZO.
221ZZZQ. This Act to prevail over A.A.T. Act
If a provision of the Administrative Appeals Tribunal Act 1984 is inconsistent with a provision of this Act, the provision of this Act prevails.
Division 13—Administrative Matters
221ZZZR. Plumbing fund
(1) The Board must establish a general fund.
(2) The Board must pay into the fund all money
received or recovered by, or paid to, the
Board.
(3) The Board may pay out of the fund—
(a) any money required to meet its costs and expenses in administering and enforcing this Part and in carrying out its functions; (b) any money required to refund any licence, registration or endorsement fee paid in respect of a licence, registration or endorsement that was not granted, renewed or made. (4) The Board may invest any part of the fund
that is not immediately required for the
purposes of the Board in any manner
approved by the Treasurer.
Building (Amendment) Act 1996
Act No. 39/1996 s. 5 221ZZZS. Administrative staff
The Board may appoint or employ—
(a) a Registrar of the Board; and
(b)
any other officers and employees that are necessary for the purposes of the Board.
221ZZZT. Register of Plumbers
(1) The Registrar must keep a register that
contains the details required by sub-section
(2) in respect of all people who are—
(a) licensed by the Board;
(b) registered by the Board;
(c) licensed or registered by the Registrar under section 221W. (2) The Registrar must record in the register the following details in respect of a person—
(a) his or her name, residential and telephone number;
(b)
the type of licence or registration he or she holds and the classes or types of plumbing work in respect of which he or she is licensed or registered;
(c)
his or her licence or registration number;
(d)
the day on which he or she was first, and last, licensed or registered;
(e)
the day on which his or her licence or registration expires;
(f)
the conditions (if any) to which the licence or registration is subject;
Building (Amendment) Act 1996
| s. 5 | Act No. 39/1996 |
(g) if he or she is insured, details of the insurance he or she holds for the purposes of this Part; (h) details of any disciplinary action taken by the Board in respect of him or her; (i) any other details required by the regulations.
(3) The Registrar may keep the register in any form he or she considers to be appropriate (including in an electronic or mechanical
form).
(4) The Registrar must remove from the register the details of any person who has not held a current licence or registration within the last 2 years.
(5) A certificate certifying as to any matter
relating to the contents of the register and purporting to be signed by the Registrar is evidence of the facts stated in the certificate.
221ZZZU. Minister may specify work to be specialised
plumbing work
(1) The Minister may declare any form of work
that requires specialised plumbing skill or
knowledge to be carried out safely and
competently to be specialised plumbing
work for the purposes of this Part.
(2) A declaration takes effect on the date it is
published in the Government Gazette, or on
any later date specified in the declaration.
(3) In making a declaration, the Minister must specify what qualifications, knowledge or experience a person must have to be able to
Building (Amendment) Act 1996
Act No. 39/1996 s. 5 be licensed by the Board to carry out the
specialised plumbing work declared by the
declaration.(4) A declaration ceases to have any effect 1 year after it first takes effect.
(5) If all or part of any work that is declared to
be specialised plumbing work falls within
the description of an existing class of
plumbing work, a reference to that class of
plumbing work is to be read as if that class
did not include the specialised plumbing
work, unless the contrary intention appears.
221ZZZV. Regulations
(1) The Governor in Council may make
regulations for or with respect to—
(a) terms of performance, types of
material, methods of construction orprescribing standards (expressed in other than—
(i) gasfitting work; and
fees for the purposes of this Part (including fees for examinations conducted by, or on behalf of, the work on the water supply or water authority; (ii)
(b)
Board);
(c) prescribing what constitutes specialised
plumbing work;(d) specifying classes of plumbing work (and if those classes differ from any classes previously specified, how the new classes relate to the old classes);
Building (Amendment) Act 1996
| s. 5 | Act No. 39/1996 |
(e)
the qualifications or experience needed to be eligible to be licensed or registered with respect to a particular class of plumbing work;
(f)
examinations for the purposes of this Part;
(g) generally regulating and controlling—
this Act to be prescribed or necessary to be prescribed to give effect to this Act. the carrying out of plumbing work plumbers; (ii) advertising by licensed and
registered plumbers in relation to
plumbing work;(i)
(h) generally providing for any other (2) Any regulation made under this Part may
apply, adopt or incorporate any matter contained in any document whether—
(a) wholly or partially or as amended by the regulation; or (b) as in force at the time the regulation is made or at any time before then.
(3) Despite section 262(f), regulations made
under sub-section (1)(a) may impose a
penalty not exceeding 20 penalty units for a
contravention of the regulations.
221ZZZW. Interim fees
(1) A fee required by this section—
(a)
is to be regarded as if it was imposed by the regulations; and
Building (Amendment) Act 1996
Act No. 39/1996 s. 5
(b)
continues to apply until it is replaced by a fee imposed by the regulations.
(2) The following fees must be paid under this
Part—
(a) for an application under
section 221M, 221O, 221P,
221Q or 221R $50; (b) for an application under
section 221N $20; (c) for a licence under section 221M or a renewal of a licence
under section 221ZB $200; (d) for an endorsement under section 221N or a renewal of an endorsement under
section 221ZB $20; (e) for registration under section 221O or a renewal of registration
under section 221ZB $225; (f) for provisional registration under provisional registration under
section 221ZB $75; (g) for a restricted licence under section 221Q or a renewal of a restricted licence under
section 221ZB $200; (h) for restricted registration under section 221R or a renewal of restricted registration under
section 221ZB $225; (i) for a temporary licence under
section 221W $50;
Building (Amendment) Act 1996
| s. 6 | Act No. 39/1996 |
(j) for temporary registration
under section 221W $20; (k) for a late renewal under section
221ZE $50; (l) for a duplicate licence or certificate of registration under
section 221Y $20; (m) for an application to modify the plumbing regulations under
section 221ZZO $75. (3) The Board may wholly or partially exempt a person from having to pay a fee required by this section if, in its opinion, there are
special circumstances.'.
6. Insertion of section 134A
After section 134 of the Building Act 1993 insert—
"134A. Limitation on time when plumbing action
may be brought
Despite anything to the contrary in the Limitation of Actions Act 1958 or in any other Act or law, 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 cannot be brought more than 10 years after the date of issue of the certificate.".
7. Crown to be bound by Part 12A
In section 217(1) of the Building Act 1993, for
"and 11" substitute ", 11 and 12A".
Building (Amendment) Act 1996
Act No. 39/1996 s. 8
8. Changes to enforcement etc. provisions
(1) In section 228(1) of the Building Act 1993, in the definition of "authorised person",
(a)
after paragraph (c) insert— "(ca) the Plumbing Industry Board;";
(b)
after paragraph (d) insert— "(da) a plumbing inspector appointed under
Part 12A;
(db) a compliance auditor appointed under
Part 12A;".
(2) In section 231 of the Building Act 1993, after
"Part 8" insert "or an emergency plumbing order
under Part 221ZZF".
(3) After section 237(2) of the Building Act 1993
insert—
"(3) A document to be served on the Plumbing
Industry Board must be taken to be served if it is served on the Registrar of the Plumbing Industry Board.".
(4) After section 241(2) of the Building Act 1993
insert—
"(2A) Proceedings for an offence against Part 12A or any regulations made for the purposes of that Part or to recover money payable under that Part may be brought by the Plumbing
Industry Board or any person authorised by the Plumbing Industry Board.".
(5) After section 242(2) of the Building Act 1993
insert—
"(3) If an offence has been prosecuted by, or on
behalf of, the Plumbing Industry Board, all
penalties recovered in relation to the offence
Building (Amendment) Act 1996
| s. 9 | Act No. 39/1996 |
must be paid into the fund established under
section 221ZZZR.".(6) In section 259A of the Building Act 1993, after
"Building Regulations Advisory Committee"
insert ", the Plumbing Industry Board".
9. Supreme Court—limitation of jurisdiction
In section 260 of the Building Act 1993—
(a) before "It" insert "(1)";
(b)
at the end of the section insert— "(2) It is the intention of section 134A to
alter or vary section 85 of the
Constitution Act 1975.".
10. Changes concerning regulation-making powers
In section 262 of the Building Act 1993—
(a)
in paragraph (d), for "or classes of building work" substitute "or plumbing work or classes of building work or plumbing work";
(b)
after paragraph (e) insert— "(ea) may confer power on a compliance
auditor or plumbing inspector to
exempt any plumbing work from all or
any of the requirements of regulationsmade under Part 12A;".
11. Consequential amendments to the Water Act 1989
(1) In section 3(1) of the Water Act 1989, after the
definition of "holding" insert—
' "houseboat" means any boat containing a toilet
or sleeping accommodation or capable of
containing enclosed or semi-enclosedsleeping accommodation;'.
(2) After section 150(1) of the Water Act 1989
insert—
Building (Amendment) Act 1996
Act No. 39/1996 s. 12 "(1A) However, an Authority may not require an
owner of land to do any repair or
maintenance work that a plumbing inspector
could, under Part 12A of the Building Act
1993, require a plumber to do under a
rectification notice or the owner to do under
a plumbing notice or order.".
(3) In section 324(1)(a) of the Water Act 1989—
(a) after "prescribing standards" insert "for houseboats"; (b) in sub-paragraph (ii), omit "to land or buildings or within buildings".
12. Repeal of power in Water Act to make plumbing work by-laws
(1) For section 160(1)(c) of the Water Act 1989
substitute—
"(c) sanitary drainage plans held by water
authorities, including—
(i) the lodging of plans of sanitary drains as they appear after they have been installed or altered; and
(ii) specifying the details that the plans must contain; and
(iii) the providing of the copies of the plans; and
(iv) fixing fees for the lodging, copying and viewing of the plans;".
Building (Amendment) Act 1996
| s. 13 | Act No. 39/1996 |
13. Consequential amendments to the Water Industry Act 1994
(1) For section 50(c) of the Water Industry Act
1994 substitute—
"(c) sanitary drainage plans held by licensees,
including—
(i) the lodging of plans of sanitary drains as they appear after they have been installed or altered; and
(ii) specifying the details that the plans must contain; and
(iii) the providing of the copies of the plans; and".
(2) After section 68(1) of the Water Industry Act 1994 insert—
"(1A) However, a licensee may not require an
owner of land to do any repair or
maintenance work that a plumbing inspector
could, under Part 12A of the Building Act
1993, require a plumber to do under a
rectification notice or the owner to do under
a plumbing notice or order.".
(3) For section 184(1)(a)(ii) of the Water Industry
Act 1994 substitute—
"(ii) the safe operation of licensees' water supply
or sewerage systems.".
14. Water supply or sewerage work for which an inspection fee has been paid must be inspected
(1) This section applies if—
(a) a person has obtained—
(i) under section 63 of the Water Industry Act 1994 either—
Building (Amendment) Act 1996
Act No. 39/1996 s. 14 (A) the permission of a licensee to
cause or permit any works to be
connected to the works of the
licensee; or(B) the consent of a licensee to cause or permit the alteration or removal of any works that are connected to the works of the licensee; and
(ii) under section 145 of the Water Act (A) the permission of an Authority to
cause or permit any works to be
connected to the works of the
Authority; or
(B) the consent of an Authority to
cause or permit the alteration or
removal of any works that are
connected to the works of the
Authority; and
(b)
the licensee or Authority is required, either by contract or by the operation of law, to inspect the work in respect of which the permission or consent was given once it is completed; and
(c)
the work in respect of which the permission or consent was given has not been completed; and
(d) the permission or consent is still current.
(2) On being notified that any work referred to in sub- section (1) has been, or is about to be, completed, the Plumbing Industry Board must ensure that the work is inspected by a plumbing inspector before any pipes or pipework involved in the work has
been covered.
Building (Amendment) Act 1996
| s. 14 | Act No. 39/1996 |
(3) The licensee or Authority that gave the permission
or consent for any work inspected under sub- section (2) must reimburse the Board for any reasonable cost incurred by it for the inspection.
_______________
Building (Amendment) Act 1996
Act No. 39/1996 s. 15
PART 3—REPEAL, SAVINGS AND TRANSITIONAL
PROVISIONS
15. Definitions applying to this Part
(1) In this Part—
"former Act" means the Building Control
(Plumbers Gasfitters and Drainers) Act
1981;
"new Act" means the Building Act 1993.
(2) The definitions in section 221B of the new Act apply to this Part.
16. Repeal of the Building Control (Plumbers Gasfitters and Drainers) Act 1981
(1) The former Act is repealed.
(2) Any reference to the former Act in any Act,subordinate instrument, agreement or other
document as far as it relates to any period after the
commencement of this section is to be treated as a
reference to Part 12A of the new Act unless the
contrary intention appears.17. Board is the successor of the Plumbers Gasfitters and Drainers Registration Board
(1) The members of the Plumbers Gasfitters and
Drainers Registration Board cease to hold office.
(2) The Plumbing Industry Board is the successor inlaw of the Plumbers Gasfitters and Drainers
Registration Board established under the formerAct.
(3) Any reference to the Plumbers Gasfitters and
Drainers Registration Board in any Act, subordinate instrument, agreement or other document as far as it relates to any period after the commencement of this section is to be treated as a
Building (Amendment) Act 1996
| s. 18 | Act No. 39/1996 |
reference to the Plumbing Industry Board, unless
the contrary intention appears.(4) All money in the general fund established under
section 91A of the former Act and all money
invested under section 91A(6) of the former Act
must be paid into the general fund established
under section 221ZZZR of the new Act.
18. All existing licences cease to have any effect on 31 December 1996
(1) An endorsement of the register under section 93 of the former Act ceases to have any effect on 23 March 1997.
(2) Any person who was a licensed drainer or
plumber within the meaning of section 85 of the
former Act with respect to a class of plumbing
work immediately before the commencement of
this section is deemed to be registered to carry outthat class of work under Part 12A of the new Act.
19. Transitional provisions—existing licensed gasfitters
(1) The Board must provisionally license a person to
carry out gasfitting work if the person—
(a)
was a licensed plumber within the meaning of section 85 of the former Act with respect to Plumbing (Gasfitting) immediately before the commencement of this section; and
(b)
applies to be provisionally licensed under this section and returns the registration certificate issued to him or her under the former Act; and
(c) is covered by the required insurance.
(2) Despite anything to the contrary in Part 12A of
the new Act, a person who is provisionally
licensed under this section need not comply with
Building (Amendment) Act 1996
Act No. 39/1996 s. 20 Division 4 (Compliance Certificates) of that Part in carrying out any gasfitting work.
(3) A provisional licence under this section expires on 23 March 1998.
20. Transitional provisions—all other existing licensed plumbers
The Board must license a person to carry out a class of plumbing work if the person—
(a)
was a licensed drainer or plumber within the meaning of section 85 of the former Act with respect to that class of plumbing work
immediately before the commencement of
this section; and(b)
applies to be licensed to carry out that class of plumbing work and returns the registration certificate issued to him or her under the former Act; and
(c) is covered by the required insurance; and
(d) pays any fee required by the Board.
21. Special provisions concerning registered drainers, duct fixers and roofers
(1) This section only applies to the following classes
of plumbing work— (a) Draining work; (b) Plumbing (Duct Fixing);
(c) Plumbing (Roofing).
(2) The Board must license a person to carry out a
class of plumbing work to which this section
applies if the person—
(a)
was registered to carry out that class of plumbing work immediately before the commencement of this section; and
Building (Amendment) Act 1996
| s. 22 | Act No. 39/1996 |
(b)
applies to be licensed under this section on or before 23 June 1997; and
(c) is covered by the required insurance; and
(d)
has passed any additional training course specified by the Board.
(3) A person who was registered to carry out a class
of plumbing work to which this section applies immediately before the commencement of this section and who is covered by the required
insurance is deemed to be licensed to carry outthat class of plumbing work—
(a) until 23 June 1997; or
(b)
if the person applies before that date for a licence to carry out that class of plumbing work—
(i) until the Board grants the licence; or
(ii) if the Board refuses to grant the licence (A) if the person does not apply to the
Administrative Appeals Tribunal
for a review of the refusal, until
21 days after the person is givennotice of the refusal in writing; or
(B) if the person applies to the
Administrative Appeals Tribunal to have the refusal reviewed, until the Tribunal gives its decision to
the person in writing or the person
abandons the application forreview.
22. Transitional provisions—existing registered plumbers
(1) A person who was registered as a plumber in
respect of a class of plumbing work under section 92 or 94 of the former Act immediately before the
Building (Amendment) Act 1996
Act No. 39/1996 s. 23 commencement of this section is deemed to be registered to carry out that class of work under Part 12A of the new Act until 23 March 1997.
(2) Any condition or restriction that applied to the
person's registration immediately before the
commencement of this section continues to apply.
23. Transitional provisions—existing permit holders
(1) A person who held a permit under the former Act
in respect of a class of plumbing work
immediately before the commencement of this
section is deemed to be provisionally registered to
carry out that class of work under Part 12A of the
new Act until the next anniversary of the issue of
the permit.
(2) Any condition or restriction that applied to the
permit immediately before the commencement of
this section continues to apply.
24. Refunds for the former holders of contractors' authorities
With respect to each person or partnership that held a contractor's authority under the former Act immediately before the commencement of this section, the Board must either —
(a) refund the person or partnership $35; or
(b)
give the person a credit of $35 against any future payment or payments the person makes to the Board.
25. Appeals under section 100J of the former Act
(1) This section applies to any appeal under section
100J of the former Act in respect of which the the commencement of this section.
(2) An appeal—
Building (Amendment) Act 1996
| s. 26 | Act No. 39/1996 |
(a)
under section 100J(1)(a) is to be treated as if it were an appeal against a refusal to register the person appealing under section 221O of the new Act;
(b) under section 100J(1)(b) or (c) lapses;
(c) under section 100J(1)(d) is to be treated as if it were an appeal against a refusal to license the person appealing under section 221M of the new Act; (d) under section 100J(1)(e) is to be treated as if it were an appeal against a refusal to register the person appealing under section 221P of the new Act;
(e)
against the removal of the name of the person appealing lapses.
(3) In making its decision on any appeal to which this
section applies, the County Court must take into account the effect of any relevant changes made by this Act.
26. Appeals under section 106 of the former Act
(1) Sections 106(1), (2) and (3) of the former Act
continue to apply to any order made by the had not been repealed.
Plumbers Gasfitters and Drainers Registration
(2) Despite sub-section (1), in making its decision on
any appeal under section 106 of the former Act,
the County Court must take into account the effect
of any relevant changes made by this Act.
27. Treatment of pending applications
(1) This section applies to any application to the
Plumbers Gasfitters and Drainers Registration
Board that has not been finally dealt with by that
Board.
Building (Amendment) Act 1996
Act No. 39/1996 s. 28 (2) An application—
(a) for registration under section 92 or 94 of the former Act is to be treated as if were an application made for registration under section 221O of the new Act; (b) for endorsement under section 93 or 94A of the former Act is to be treated as if were an application made for registration under section 221M of the new Act;
(c) for a permit under the former Act is to be treated as if were an application made for provisional registration under section 221P of the new Act;
(d)
for a contractor's authority under the former Act lapses.
28. Saving of existing Regulations
(1) The Victoria Water Supply and Sewerage
Plumbing Regulations 1994 and the Plumbers
Gasfitters and Drainers Registration Board
Regulations 1988 are deemed to have been made
under section 221ZZZV of the Building Act1993.
(2) The Plumbers Gasfitters and Drainers Registration
Board Regulations 1988 are revoked on 29 that date.
_______________
Building (Amendment) Act 1996
| s. 29 | Act No. 39/1996 |
PART 4—PROVISION WITH DELAYED IMPLEMENTATION
29. Repeal of interim fees
Section 221ZZZW of the Building Act 1993 is repealed.
═══════════════
Building (Amendment) Act 1996
Act No. 39/1996 Notes
NOTES
†
Minister's second reading speech—
Legislative Assembly: 12 September 1996
Legislative Council: 16 October 1996
The long title for the Bill for this Act was "to amend the Building Act
1993, the Water Act 1989 and the Water Industry Act 1994 and to
repeal the Building Control (Plumbers Gasfitters and Drainers) Act1981 and for other purposes."
Constitution Act 1975:
Section 85(5) statement:
Legislative Assembly: 12 September 1996
Legislative Council: 16 October 1996
Absolute majorities:
Legislative Assembly: 16 October 1996
Legislative Council: 30 October 1996
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