Untitled document
Building Amendment Act 2010
No. 33 of 2010
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendments to the Building Act 1993
3Penalty for carrying out building works without permit or in contravention of permit
4Penalties for failure to notify relevant building surveyor of changes
5Penalty for breaching restrictions on owner-builder
6Penalties for failure to give copies of permits and documents
to relevant council7Penalties for failure to notify of completion of building work
and for failure to stop work8Penalties for occupying building or part of building without
an occupancy permit9Penalty for occupying building in contravention of occupancy permit
10Penalty for conducting public entertainment at place without occupancy permit
11Penalty for permitting use of place for public entertainment without occupancy permit
12Penalty for permitting use of place for public entertainment
in contravention of occupancy permit13Penalty for permitting use of prescribed temporary structure
in contravention of occupancy permit14Penalties for failure of owner to notify others of occupancy permit
15Penalties for failure to give copies of permits and documents to relevant council
16Penalty for appointing private building surveyor when not permitted
17Penalties for private building surveyor accepting appointment
to act when not permitted18Penalty for failure to comply with direction of Commission
19Penalties for carrying out building work before requirements
met and for failure to carry out protection work20Penalty for failure to carry out emergency protection work
21Penalties for failing to arrange insurance for protection work
and failing to lodge with adjoining owner22Penalty for failure to give notice to adjoining owner prior to
entry on adjoining property23Penalty for failure to give documents relating to protection
work24Penalties for contravention of an emergency order or building order
25Penalty for failure to notify of completion of emergency order
or building order work26Penalty for failure to give emergency order, building notice or building order to relevant council
27Penalties for working as building practitioner without required insurance
28Penalty for claiming to be insured building practitioner when uninsured
29Insurance for domestic building work to be provided by designated insurers
30Penalty for entering contract for sale of land when not
permitted31Amendment of offences in section 176
32Penalty for carrying out plumbing work if unlicensed or unregistered
33Penalty for carrying out plumbing work requiring compliance certificate if unlicensed
34Penalty for carrying out specialised plumbing work if
unlicensed or unregistered35Penalty for carrying out work that does not comply with Part
or regulations36Penalties for using plumber titles if unlicensed or unregistered
37Penalties for using drainer titles if unlicensed or unregistered
38Penalties for using gasfitter titles if unlicensed or unregistered
39Amendment of section 221N
40Amendment of section 221OA
41Penalties for failure to give compliance certificate and notify Commission
42Penalties for signing incomplete or incorrect compliance certificate
43Penalty for failure to comply with further obligations for compliance certificates for sanitary drains
44Penalty for working as plumber without required insurance
45Penalty for claiming to be insured when uninsured if carrying
out plumbing work46Penalties for failure to comply with or contravention of emergency plumbing order
47Minister may specify work to be specialised plumbing work
48Regulations
49Penalties for offences by or relating to registered building practitioners
50Penalty for making false or misleading statement
51Penalty for acting as agent for owner without written authority
52Penalty for failing to comply with order to allow works
53Offences subject to infringement notices
Part 3—Amendment and Repeal of Acts
54Repeal of additional levy
55Repeal of amending Act
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Endnotes
Building Amendment Act 2010
No. 33 of 2010
[Assented to 15 June 2010]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The purposes of this Act are—
(a)to amend the Building Act 1993—
(i)to increase the maximum penalties for certain offences and to provide for further offences that may be subject to plumbing infringement notices; and
(ii)to allow for regulations to prescribe registration or licensing in respect of a class or classes of plumbing work or specialised plumbing work as a prerequisite for registration or licensing in a particular class of specialised plumbing work; and
(iii)to provide that the Victorian Managed Insurance Authority is a designated insurer in relation to domestic building work; and
(b)to make a statute law revision amendment to the House Contracts Guarantee (HIH) Act 2001.
2Commencement
(1)Section 1, this section and section 54 come into operation on the day after the day on which this Act receives the Royal Assent.
(2)Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
(3)If a provision of this Act referred to in subsection (2) does not come into operation before 1 March 2011, it comes into operation on that day.
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Part 2—Amendments to the Building Act 1993
3Penalty for carrying out building works without permit or in contravention of permit
For the penalty at the foot of section 16(1) of the Building Act 1993 substitute—
"Penalty:500 penalty units, in the case of a natural person.
2500 penalty units, in the case of a body corporate.".
4Penalties for failure to notify relevant building surveyor of changes
For the penalty at the foot of section 25A(1) and (2) of the Building Act 1993 substitute—
"Penalty:50 penalty units.".
5Penalty for breaching restrictions on owner-builder
For the penalty at the foot of section 25B of the Building Act 1993 substitute—
"Penalty:120 penalty units.".
6Penalties for failure to give copies of permits and documents to relevant council
For the penalty at the foot of section 30(1) and (1A) of the Building Act 1993 substitute—
"Penalty:50 penalty units.".
7Penalties for failure to notify of completion of building work and for failure to stop work
For the penalty at the foot of section 33(1) and (2) of the Building Act 1993 substitute—
"Penalty:120 penalty units.".
8Penalties for occupying building or part of building without an occupancy permit
For the penalty at the foot of section 39(1) and (2) of the Building Act 1993 substitute—
"Penalty:120 penalty units, in the case of a natural person.
600 penalty units, in the case of a body corporate.".
9Penalty for occupying building in contravention of occupancy permit
For the penalty at the foot of section 40(1) of the Building Act 1993 substitute—
"Penalty:120 penalty units, in the case of a natural person.
600 penalty units, in the case of a body corporate.".
10Penalty for conducting public entertainment at place without occupancy permit
For the penalty at the foot of section 49 of the Building Act 1993 substitute—
"Penalty:240 penalty units, in the case of a natural person.
1500 penalty units, in the case of a body corporate.".
11Penalty for permitting use of place for public entertainment without occupancy permit
For the penalty at the foot of section 50 of the Building Act 1993 substitute—
"Penalty:240 penalty units, in the case of a natural person.
1500 penalty units, in the case of a body corporate.".
12Penalty for permitting use of place for public entertainment in contravention of occupancy permit
For the penalty at the foot of section 51 of the Building Act 1993 substitute—
"Penalty:240 penalty units, in the case of a natural person.
1500 penalty units, in the case of a body corporate.".
13Penalty for permitting use of prescribed temporary structure in contravention of occupancy permit
For the penalty at the foot of section 52 of the Building Act 1993 substitute—
"Penalty:240 penalty units, in the case of a natural person.
1500 penalty units, in the case of a body corporate.".
14Penalties for failure of owner to notify others of occupancy permit
For the penalty at the foot of section 61(1) and (2) of the Building Act 1993 substitute—
"Penalty:120 penalty units.".
15Penalties for failure to give copies of permits and documents to relevant council
For the penalty at the foot of section 73(1) and (1A) of the Building Act 1993 substitute—
"Penalty:50 penalty units.".
16Penalty for appointing private building surveyor when not permitted
For the penalty at the foot of section 78(2) of the Building Act 1993 substitute—
"Penalty:240 penalty units, in the case of a natural person.
1500 penalty units, in the case of a body corporate.".
17Penalties for private building surveyor accepting appointment to act when not permitted
For the penalty at the foot of section 79(1) and (2A) of the Building Act 1993 substitute—
"Penalty:500 penalty units.".
18Penalty for failure to comply with direction of Commission
For the penalty at the foot of section 82(2) of the Building Act 1993 substitute—
"Penalty:500 penalty units, in the case of a natural person.
2500 penalty units, in the case of a body corporate.".
19Penalties for carrying out building work before requirements met and for failure to carry out protection work
For the penalty at the foot of section 88(1) and (2) of the Building Act 1993 substitute—
"Penalty:500 penalty units, in the case of a natural person.
2500 penalty units, in the case of a body corporate.".
20Penalty for failure to carry out emergency protection work
For the penalty at the foot of section 89(3) of the Building Act 1993 substitute—
"Penalty:500 penalty units, in the case of a natural person.
2500 penalty units, in the case of a body corporate.".
21Penalties for failing to arrange insurance for protection work and failing to lodge with adjoining owner
(1)For the penalty at the foot of section 93(1) and (4) of the Building Act 1993 substitute—
"Penalty:500 penalty units, in the case of a natural person.
2500 penalty units, in the case of a body corporate.".
(2)For the penalty at the foot of section 93(3) and (5) of the Building Act 1993 substitute—
"Penalty:50 penalty units, in the case of a natural person.
120 penalty units, in the case of a body corporate.".
22Penalty for failure to give notice to adjoining owner prior to entry on adjoining property
For the penalty at the foot of section 95(2) of the Building Act 1993 substitute—
"Penalty:50 penalty units, in the case of a natural person.
120 penalty units, in the case of a body corporate.".
23Penalty for failure to give documents relating to protection work
For the penalty at the foot of section 101(1) and (2) of the Building Act 1993 substitute—
"Penalty:50 penalty units.".
24Penalties for contravention of an emergency order or building order
For the penalty at the foot of section 118(1) and (2) of the Building Act 1993 substitute—
"Penalty:500 penalty units, in the case of a natural person.
2500 penalty units, in the case of a body corporate.".
25Penalty for failure to notify of completion of emergency order or building order work
For the penalty at the foot of section 120(1) of the Building Act 1993 substitute—
"Penalty:50 penalty units.".
26Penalty for failure to give emergency order, building notice or building order to relevant council
For the penalty at the foot of section 125(1) of the Building Act 1993 substitute—
"Penalty:50 penalty units.".
27Penalties for working as building practitioner without required insurance
For the penalty at the foot of section 136(1) and (2) of the Building Act 1993 substitute—
"Penalty:500 penalty units, in the case of a natural person.
2500 penalty units, in the case of a body corporate.".
28Penalty for claiming to be insured building practitioner when uninsured
For the penalty at the foot of section 137 of the Building Act 1993 substitute—
"Penalty:500 penalty units, in the case of a natural person.
2500 penalty units, in the case of a body corporate.".
29Insurance for domestic building work to be provided by designated insurers
After section 137AA(2)(b) of the Building Act 1993 insert—
"(ba)the Victorian Managed Insurance Authority within the meaning of the Victorian Managed Insurance Authority Act 1996; or".
30Penalty for entering contract for sale of land when not permitted
For the penalty at the foot of section 137E of the Building Act 1993 substitute—
"Penalty:120 penalty units.".
31Amendment of offences in section 176
(1)For section 176(1) of the Building Act 1993 substitute—
"(1)A person who is not registered in the appropriate category or class under this Part must not take or use any of the following titles—
(a)building practitioner or registered building practitioner; or
(b)building surveyor, building surveyor (unlimited) or building surveyor (limited); or
(c)building inspector; or
(d)engineer, if the use of the title relates to the building industry; or
(e)draftsperson, if the use of the title relates to the building industry; or
(f)quantity surveyor; or
(g)a prescribed title.
Penalty:120 penalty units.
(1A)A person who is not registered in the appropriate category or class under this Part must not—
(a)practise as a building inspector; or
(b)hold himself or herself out as being registered under this Part or in a particular category or class of registration; or
(c)hold himself or herself out as being qualified to practise as a building practitioner either generally or in a particular category or class of work.
Penalty:500 penalty units.".
(2)For the penalty at the foot of section 176(2), (2AA) and (2A) of the Building Act 1993 substitute—
"Penalty:500 penalty units.".
(3)In section 176(3), (4) and (5) of the Building Act 1993, after "(1)," (wherever occurring) insert "(1A),".
(4)In section 176(7)(c) of the Building Act 1993, for "(1) or (2A)" substitute "(1), (1A) or (2A)".
32Penalty for carrying out plumbing work if unlicensed or unregistered
For the penalty at the foot of section 221D(1) of the Building Act 1993 substitute—
"Penalty:500 penalty units.".
33Penalty for carrying out plumbing work requiring compliance certificate if unlicensed
For the penalty at the foot of section 221E(1) of the Building Act 1993 substitute—
"Penalty:500 penalty units.".
34Penalty for carrying out specialised plumbing work if unlicensed or unregistered
For the penalty at the foot of section 221F(1) of the Building Act 1993 substitute—
"Penalty:500 penalty units.".
35Penalty for carrying out work that does not comply with Part or regulations
For the penalty at the foot of section 221FA of the Building Act 1993 substitute—
"Penalty:500 penalty units.".
36Penalties for using plumber titles if unlicensed or unregistered
For the penalty at the foot of section 221I(1), (2) and (3) of the Building Act 1993 substitute—
"Penalty:120 penalty units.".
37Penalties for using drainer titles if unlicensed or unregistered
For the penalty at the foot of section 221J(1), (2) and (3) of the Building Act 1993 substitute—
"Penalty:120 penalty units.".
38Penalties for using gasfitter titles if unlicensed or unregistered
For the penalty at the foot of section 221K(1), (2) and (3) of the Building Act 1993 substitute—
"Penalty:120 penalty units.".
39Amendment of section 221N
For section 221N(1)(a) of the Building Act 1993 substitute—
"(a)be a licensed plumber in respect of a class or classes of plumbing work or specialised plumbing work required by the regulations (or a declaration under section 221ZZZU); and".
40Amendment of section 221OA
For section 221OA(1)(a) of the Building Act 1993 substitute—
"(a)be a registered plumber in respect of a class or classes of plumbing work or specialised plumbing work required by the regulations (or a declaration under section 221ZZZU); and".
41Penalties for failure to give compliance certificate and notify Commission
For the penalty at the foot of section 221ZH(2) and (2B) of the Building Act 1993 substitute—
"Penalty:60 penalty units.".
42Penalties for signing incomplete or incorrect compliance certificate
For the penalty at the foot of section 221ZI(1) and (2) of the Building Act 1993 substitute—
"Penalty:120 penalty units.".
43Penalty for failure to comply with further obligations for compliance certificates for sanitary drains
For the penalty at the foot of section 221ZO(2) of the Building Act 1993 substitute—
"Penalty:120 penalty units.".
44Penalty for working as plumber without required insurance
For the penalty at the foot of section 221ZR of the Building Act 1993 substitute—
"Penalty:500 penalty units.".
45Penalty for claiming to be insured when uninsured if carrying out plumbing work
For the penalty at the foot of section 221ZS of the Building Act 1993 substitute—
"Penalty:500 penalty units.".
46Penalties for failure to comply with or contravention of emergency plumbing order
For the penalty at the foot of section 221ZZG(1) and (2) of the Building Act 1993 substitute—
"Penalty:240 penalty units, in the case of a natural person.
1500 penalty units, in the case of a body corporate.".
47Minister may specify work to be specialised plumbing work
For section 221ZZZU(3) of the Building Act 1993 substitute—
"(3)In making a declaration the Minister must specify—
(a)a class or classes of plumbing work or specialised plumbing work in respect of which a person must be licensed or registered to be able to be licensed or registered by the Commission to carry out the specialised plumbing work declared by the declaration; and
(b)what qualifications, knowledge or experience a person must have to be able to be licensed or registered by the Commission to carry out the specialised plumbing work declared by the declaration.".
48Regulations
After section 221ZZZV(1)(e) of the Building Act 1993 insert—
"(ea)prescribing a class or classes of plumbing work or specialised plumbing work required to be eligible to be registered or licensed with respect to a particular class of specialised plumbing work;".
49Penalties for offences by or relating to registered building practitioners
(1)For the penalty at the foot of section 245(1) of the Building Act 1993 substitute—
"Penalty:500 penalty units.".
(2)For the penalty at the foot of section 245(2) of the Building Act 1993 substitute—
"Penalty:500 penalty units, in the case of a natural person.
2500 penalty units, in the case of a body corporate.".
50Penalty for making false or misleading statement
For the penalty at the foot of section 246 of the Building Act 1993 substitute—
"Penalty:120 penalty units.".
51Penalty for acting as agent for owner without written authority
For the penalty at the foot of section 248(1) of the Building Act 1993 substitute—
"Penalty:120 penalty units.".
52Penalty for failing to comply with order to allow works
For the penalty at the foot of section 250(4) of the Building Act 1993 substitute—
"Penalty:120 penalty units.".
53Offences subject to infringement notices
In Schedule 5 to the Building Act 1993—
(a)for "section 221ZH" substitute "section 221ZH(2)";
(b)after the item relating to section 221ZH insert—
"section 221ZI(1) 3 penalty units".
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Part 3—Amendment and Repeal of Acts
54Repeal of additional levy
In section 14(2) of the House Contracts Guarantee (HIH) Act 2001, for "or (1A)" substitute ", (1A)".
55Repeal of amending Act
This Act is repealed on 1 March 2012.
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: 15 April 2010
Legislative Council: 27 May 2010
The long title for the Bill for this Act was "A Bill for an Act to amend the Building Act 1993 and for other purposes."
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