Untitled document

Building (Amendment) Act 1998

Act No. 18/1998

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purposes	1
2.	Commencement	2

PART 2—AMENDMENT OF BUILDING ACT 1993 3

3.	Principal Act	3
4.	Payment of annual fee	3
5.	Delegation	3
6.	Building Administration Fund	3
7.	Membership of Building Advisory Council	3
8.	New section 216A inserted	4

216A. Exemption from functions in relation to certain permits 4

9.	Powers of entry into existing buildings	5
10.	Certificates from prescribed building practitioners	5
11.	Regulations	5

PART 3—AMENDMENT OF DOCKLANDS AUTHORITY ACT

1991   6

12. New section 31 substituted 6

31. Administration of Building Act 1993 6

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NOTES 9

i

Victoria

No. 18 of 1998

Building (Amendment) Act 1998†

[Assented to 5 May 1998]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purposes

The main purposes of this Act are—

(a)	to amend the Building Act 1993 to improve the administration of that Act; and
(b)	to amend the Docklands Authority Act 1991 in relation to the administration and enforcement of the building laws in the docklands area.

Building (Amendment) Act 1998

Act No. 18/1998 s. 2

2. Commencement

(1) This Part come into operation on the day on which

this Act receives the Royal Assent.

(2) Subject to sub-section (3), the remaining

provisions of this Act come into operation on a

day or days to be proclaimed.

(3) If a provision referred to in sub-section (2) does

not come into operation before 1 July 1999, it

comes into operation on that day.

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Building (Amendment) Act 1998

s. 3 Act No. 18/1998

PART 2—AMENDMENT OF BUILDING ACT 1993

3. Principal Act

No. 126/1993.	In this Part the Building Act 1993 is called the
Reprint No. 2
as at 27	Principal Act.
March 1997. Further amended by Nos 34/1997, 76/1997, 80/1997, 89/1997, 99/1997 and 109/1997.

4. Payment of annual fee

In section 172(2)(a) of the Principal Act for "the Board" substitute "the Building Administration Fund".

5. Delegation

At the end of section 186A of the Principal Act
insert—

"(2) The Building Practitioners Board may, by

instrument, delegate the Board's functions
under section 170(1) to the Registrar of the

Board.".

6. Building Administration Fund

After section 200(8) of the Principal Act insert—
"(9) The Commission may enter into

arrangements or agreements with any person or body to act as its agent in the carrying out of its functions in relation to the

administration of the fund.".

7. Membership of Building Advisory Council

(1) In section 207(2) of the Principal Act for

paragraph (a) substitute—

Building (Amendment) Act 1998

Act No. 18/1998 s. 8

"(a) one is to be a person appointed as

chairperson of the Council; and

(aa) one is to be the Commissioner; and".

(2) In section 207 of the Principal Act, after sub-

section (5) insert—

"(6) The Building Advisory Council is deemed to

be the same body despite the change in its
membership arising from the amendment of
this section by section 7 of the Building

(Amendment) Act 1998.".

8. New section 216A inserted

After section 216 of the Principal Act insert—

"216A. Exemption from functions in relation to

certain permits

(1) A council may apply to the Minister to

exempt its municipal building surveyor from any requirement to consider applications for building permits for building work other than
prescribed domestic building work.

(2) The Minister may grant the exemption if the Minister is satisfied that sufficient private building surveyors are available to consider those applications for building permits in relation to land in the council's municipal district.

(3) If the Minister grants an exemption in

respect of a municipal building surveyor, application cannot be made to the municipal building surveyor under Part 3 for a building permit for building work other than prescribed domestic building work.

then, despite anything to the contrary in this

Building (Amendment) Act 1998

s. 9 Act No. 18/1998

(4) The Minister may at any time revoke an

exemption given under this section.

(5) The Minister must cause notice of any

exemption or revocation under this section to

be published in the Government Gazette.".

9. Powers of entry into existing buildings

In section 229 of the Principal Act after

"inspection of" insert "a building or".

10. Certificates from prescribed building practitioners

In section 238 of the Principal Act for sub-section
(1) substitute—

"(1) A municipal building surveyor or a private

building surveyor, in carrying out a function
under this Act or the regulations, may rely
on a certificate by a registered building
practitioner in a prescribed category or class

of practitioners—

(a)	that proposed building work of a prescribed class complies with any provision of this Act or the regulations; or
(b)	that building work of a prescribed class complies with any provision of this Act or the regulations.".

11. Regulations

In section 261 of the Principal Act after paragraph
(e) insert—

"(ea) the provision of certificates as to compliance

with conditions on permits and approvals;".

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Building (Amendment) Act 1998

Act No. 18/1998 s. 12

PART 3—AMENDMENT OF DOCKLANDS AUTHORITY ACT

1991

12. New section 31 substituted

For section 31 of the Docklands Authority Act	No. 22/1991. Reprint No. 1
1991 substitute—	as at 9 May 1996.
'31. Administration of Building Act 1993	Further amended by
(1) Despite anything to the contrary in the	Nos 9/1996, 73/1996,
Building Act 1993, the Minister may at any	63/1997,
time by Order declare that the administration	66/1997 and
and enforcement of Parts 3, 4, 5, 7 and 8 of	104/1997.
that Act and the building regulations under that Act in any part of the docklands area specified in the declaration is to be carried out—
(a)	by a person specified by the Minister; and
(b)	in accordance with the directions of the Minister.

(2) An Order under sub-section (1) must be

published in the Government Gazette.

(3) Parts 3, 4, 5, 7 and 8 of the Building Act

1993 and the building regulations under that specified in an Order under sub-section (1) as if—

(a) any reference to a council, municipal building surveyor or relevant building surveyor were a reference to the person

specified in the Order; and

(b) any reference to a municipal district were a reference to the part of the docklands area specified in the Order; and

Building (Amendment) Act 1998

s. 12 Act No. 18/1998

(c) any reference to the Local Government Act 1989 in section 66 of the Building Act 1993 or clause 1 of Schedule 2 to the Building Act 1993 were a reference to guidelines under section 188 of the Building Act 1993.

(4) Nothing in section 79(3) or 81(1) of the

Building Act 1993 prevents a person from carrying out any function conferred on that person by an Order under this section.

(5) The Minister may at any time revoke or

amend an Order made under this section.

(6) If, because of an Order under this section, a

person or body (in this sub-section called
"the old authority") ceases to have the
functions of a council, municipal building
surveyor or relevant building surveyor under
Part 3, 4, 5 7 or 8 of the Building Act 1993
or the building regulations under that Act in
relation to any part of the docklands area and
another person (in this sub-section called
"the new authority") specified in that Order
acquires those functions—

(a) anything of a continuing nature done or commenced by or in relation to the old authority in relation to those functions may be done, or completed by or in

relation to the new authority; and

(b)	the old authority must give to the new authority any document held by the old authority that is relevant to anything done by the old authority in relation to those functions; and
(c)	anything done by or in relation to the old authority in relation to those functions that concerns a matter of a

Building (Amendment) Act 1998

Act No. 18/1998	s. 12
continuing nature has effect as if done by or in relation to the new authority.

(7) In this section "function" includes power,

authority and duty.'.

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Building (Amendment) Act 1998

Notes Act No. 18/1998

NOTES

†

Minister's second reading speech—

Legislative Assembly: 19 March 1998

Legislative Council: 22 April 1998

The long title for the Bill for this Act was "to amend the Building Act 1993 and the Docklands Authority Act 1991 and for other purposes."