Building Amendment Act 2010

i Building Amendment Act 2010 No. 33 of 2010 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 2 PART 2—AMENDMENTS TO THE BUILDING ACT 1993 3 3 Penalty for carrying out building works without permit or in contravention of permit 3 4 Penalties for failure to notify relevant building surveyor of changes 3 5 Penalty for breaching restrictions on owner-builder 3 6 Penalties for failure to give copies of permits and documents to relevant council 4 7 Penalties for failure to notify of completion of building work and for failure to stop work 4 8 Penalties for occupying building or part of building without an occupancy permit 4 9 Penalty for occupying building in contravention of occupancy permit 4 10 Penalty for conducting public entertainment at place without occupancy permit 5 11 Penalty for permitting use of place for public entertainment without occupancy permit 5 12 Penalty for permitting use of place for public entertainment in contravention of occupancy permit 5 13 Penalty for permitting use of prescribed temporary structure in contravention of occupancy permit 5 14 Penalties for failure of owner to notify others of occupancy permit 6 15 Penalties for failure to give copies of permits and documents to relevant council 6 16 Penalty for appointing private building surveyor when not permitted 6 17 Penalties for private building surveyor accepting appointment to act when not permitted 6 18 Penalty for failure to comply with direction of Commission 6 -- 1 of 21 -- Section Page ii 19 Penalties for carrying out building work before requirements met and for failure to carry out protection work 7 20 Penalty for failure to carry out emergency protection work 7 21 Penalties for failing to arrange insurance for protection work and failing to lodge with adjoining owner 7 22 Penalty for failure to give notice to adjoining owner prior to entry on adjoining property 8 23 Penalty for failure to give documents relating to protection work 8 24 Penalties for contravention of an emergency order or building order 8 25 Penalty for failure to notify of completion of emergency order or building order work 8 26 Penalty for failure to give emergency order, building notice or building order to relevant council 8 27 Penalties for working as building practitioner without required insurance 9 28 Penalty for claiming to be insured building practitioner when uninsured 9 29 Insurance for domestic building work to be provided by designated insurers 9 30 Penalty for entering contract for sale of land when not permitted 9 31 Amendment of offences in section 176 10 32 Penalty for carrying out plumbing work if unlicensed or unregistered 11 33 Penalty for carrying out plumbing work requiring compliance certificate if unlicensed 11 34 Penalty for carrying out specialised plumbing work if unlicensed or unregistered 11 35 Penalty for carrying out work that does not comply with Part or regulations 12 36 Penalties for using plumber titles if unlicensed or unregistered 12 37 Penalties for using drainer titles if unlicensed or unregistered 12 38 Penalties for using gasfitter titles if unlicensed or unregistered 12 39 Amendment of section 221N 12 40 Amendment of section 221OA 13 41 Penalties for failure to give compliance certificate and notify Commission 13 42 Penalties for signing incomplete or incorrect compliance certificate 13 43 Penalty for failure to comply with further obligations for compliance certificates for sanitary drains 13 44 Penalty for working as plumber without required insurance 13 45 Penalty for claiming to be insured when uninsured if carrying out plumbing work 14 -- 2 of 21 -- Section Page iii 46 Penalties for failure to comply with or contravention of emergency plumbing order 14 47 Minister may specify work to be specialised plumbing work 14 48 Regulations 15 49 Penalties for offences by or relating to registered building practitioners 15 50 Penalty for making false or misleading statement 15 51 Penalty for acting as agent for owner without written authority 15 52 Penalty for failing to comply with order to allow works 16 53 Offences subject to infringement notices 16 PART 3—AMENDMENT AND REPEAL OF ACTS 17 54 Repeal of additional levy 17 55 Repeal of amending Act 17 ═══════════════ ENDNOTES 18 -- 3 of 21 -- 1 Building Amendment Act 2010 † No. 33 of 2010 [Assented to 15 June 2010] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purposes 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 Victoria -- 4 of 21 -- Part 1—Preliminary Building Amendment Act 2010 No. 33 of 2010 2 (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. 2 Commencement (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. __________________ s. 2 -- 5 of 21 -- Part 2—Amendments to the Building Act 1993 Building Amendment Act 2010 No. 33 of 2010 3 PART 2—AMENDMENTS TO THE BUILDING ACT 1993 3 Penalty 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.". 4 Penalties 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.". 5 Penalty 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.". s. 3 See: Act No. 126/1993. Reprint No. 7 as at 16 November 2006 and amending Act Nos 26/2001, 24/2006, 28/2007, 31/2007, 54/2007, 4/2008, 36/2008, 46/2008, 68/2009 and 69/2009. LawToday: www. legislation. vic.gov.au -- 6 of 21 -- Part 2—Amendments to the Building Act 1993 Building Amendment Act 2010 No. 33 of 2010 4 6 Penalties 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.". 7 Penalties 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.". 8 Penalties 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.". 9 Penalty 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.". s. 6 -- 7 of 21 -- Part 2—Amendments to the Building Act 1993 Building Amendment Act 2010 No. 33 of 2010 5 10 Penalty 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.". 11 Penalty 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.". 12 Penalty 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.". 13 Penalty 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.". s. 10 -- 8 of 21 -- Part 2—Amendments to the Building Act 1993 Building Amendment Act 2010 No. 33 of 2010 6 14 Penalties 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.". 15 Penalties 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.". 16 Penalty 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.". 17 Penalties 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.". 18 Penalty 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.". s. 14 -- 9 of 21 -- Part 2—Amendments to the Building Act 1993 Building Amendment Act 2010 No. 33 of 2010 7 19 Penalties 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.". 20 Penalty 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.". 21 Penalties 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.". s. 19 -- 10 of 21 -- Part 2—Amendments to the Building Act 1993 Building Amendment Act 2010 No. 33 of 2010 8 22 Penalty 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.". 23 Penalty 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.". 24 Penalties 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.". 25 Penalty 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.". 26 Penalty 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.". s. 22 -- 11 of 21 -- Part 2—Amendments to the Building Act 1993 Building Amendment Act 2010 No. 33 of 2010 9 27 Penalties 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.". 28 Penalty 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.". 29 Insurance 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". 30 Penalty 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.". s. 27 -- 12 of 21 -- Part 2—Amendments to the Building Act 1993 Building Amendment Act 2010 No. 33 of 2010 10 31 Amendment 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 s. 31 -- 13 of 21 -- Part 2—Amendments to the Building Act 1993 Building Amendment Act 2010 No. 33 of 2010 11 (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)". 32 Penalty 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.". 33 Penalty 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.". 34 Penalty 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.". s. 32 -- 14 of 21 -- Part 2—Amendments to the Building Act 1993 Building Amendment Act 2010 No. 33 of 2010 12 35 Penalty 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.". 36 Penalties 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.". 37 Penalties 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.". 38 Penalties 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.". 39 Amendment 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". s. 35 -- 15 of 21 -- Part 2—Amendments to the Building Act 1993 Building Amendment Act 2010 No. 33 of 2010 13 40 Amendment 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". 41 Penalties 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.". 42 Penalties 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.". 43 Penalty 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.". 44 Penalty 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.". s. 40 -- 16 of 21 -- Part 2—Amendments to the Building Act 1993 Building Amendment Act 2010 No. 33 of 2010 14 45 Penalty 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.". 46 Penalties 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.". 47 Minister 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.". s. 45 -- 17 of 21 -- Part 2—Amendments to the Building Act 1993 Building Amendment Act 2010 No. 33 of 2010 15 48 Regulations 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;". 49 Penalties 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.". 50 Penalty 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.". 51 Penalty 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.". s. 48 -- 18 of 21 -- Part 2—Amendments to the Building Act 1993 Building Amendment Act 2010 No. 33 of 2010 16 52 Penalty 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.". 53 Offences 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". __________________ s. 52 -- 19 of 21 -- Part 3—Amendment and Repeal of Acts Building Amendment Act 2010 No. 33 of 2010 17 PART 3—AMENDMENT AND REPEAL OF ACTS 54 Repeal of additional levy In section 14(2) of the House Contracts Guarantee (HIH) Act 2001, for "or (1A)" substitute ", (1A)". 55 Repeal 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). ═══════════════ s. 54 See: Act No. 26/2001. Statute Book: www. legislation. vic.gov.au -- 20 of 21 -- Building Amendment Act 2010 No. 33 of 2010 18 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." Endnotes -- 21 of 21 --