Untitled document

Building Amendment Act 2012

No. 9 of 2012

table of provisions

Section  Page

1Purpose

2Commencement

3Inquiries

4Inquiries into conduct of building practitioners who are no
longer registered

5New section 271 inserted

271Transitionals—Building Amendment Act 2012

6Repeal of amending Act

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Endnotes

Building Amendment Act 2012

No. 9 of 2012

[Assented to 20 March 2012]

The Parliament of Victoria enacts:

1Purpose

The main purpose of this Act is to amend the Building Act 1993 to provide that a disciplinary inquiry may be commenced against a person, whose registration as a building practitioner is suspended, for a period of up to 3 years after the suspension takes effect.

2Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

3Inquiries

In section 178(1) of the Building Act 1993, for "The Building" substitute "Subject to section 179A(2), the Building".

4Inquiries into conduct of building practitioners who are no longer registered

For section 179A(2) of the Building Act 1993 substitute—

"(2)An inquiry into a person whose registration as a registered building practitioner has been suspended may not be commenced by the Building Practitioners Board after the end of the 3 year period immediately following the date on which the suspension takes effect.

(3)For the purposes of subsection (2), an inquiry commences when the Building Practitioners Board causes a notice to be served under section 178(2) on the person whose registration as a registered building practitioner has been suspended.".

5New section 271 inserted

After section 270 of the Building Act 1993 insert—

271Transitionals—Building Amendment Act 2012"

(1)Despite the amendments made to section 179A by section 4 of the Building Amendment Act 2012, section 179A as in force immediately before the commencement day continues to apply in respect of an inquiry into the conduct of a person, if the registration of the person as a building practitioner was suspended and the suspension was still in effect immediately before the commencement day, whether the inquiry commenced before, on or after the commencement day.

(2)Section 179A as amended by section 4 of the Building Amendment Act 2012 applies in respect of an inquiry that was commenced and continuing immediately before the commencement day in relation to the conduct of a person, if the person's registration as a building practitioner is suspended and the suspension takes effect on or after the commencement day.

(3)For the purposes of this section, an inquiry commences when the Building Practitioners Board causes a notice to be served under section 178(2) on the registered building practitioner or the person whose registration as a registered building practitioner has been suspended (as the case may be).

(4)In this section commencement day means the day on which section 4 of the Building Amendment Act 2012 comes into operation.".

6Repeal of amending Act

This Act is repealed on the first anniversary of its commencement.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes

Minister's second reading speech—

Legislative Assembly: 8 February 2012

Legislative Council: 1 March 2012

The long title for the Bill for this Act was "A Bill for an Act to amend the Building Act 1993 to provide that a disciplinary inquiry may be commenced against a person, whose registration as a building practitioner is suspended, for a period of up to 3 years after the suspension takes effect and for other purposes."