Building (Amendment) Act 2001

i Building (Amendment) Act 2001 Act No. 68/2001 TABLE OF PROVISIONS Section Page 1. Purpose 1 2. Commencement 2 3. Change of name of Commission 2 4. Changes concerning incorporation by reference 3 5. Insertion of section 9A 3 9A. Regulatory impact statement not required for certain amendments 3 6. Insertion of section 15A 4 15A. Building regulations with respect to swimming pools and spas 4 7. Insurance for protection work 4 8. Membership of bodies 6 9. Builder must be registered in proper category or class 7 10. Insertion of section 179A 8 179A. Inquiries into conduct of building practitioners who are no longer registered 8 11. Insertion of section 216B 8 216B. Delegation by municipal building surveyor 8 12. Application of Act to lessees or licensees of Crown land 9 13. Regulation-making powers 9 14. Insertion of section 265 9 265. Transitional—Effect of change to Commission's name 10 15. Insertion of section 266 10 266. Transitional—Effect of change of membership 10 16. Repeal of regulation-making power for swimming pools and spas 11 17. Amendment to Domestic Building Contracts Act 1995 11 18. Amendment to the Electricity Industry (Residual Provisions) Act 1993 11 19. Amendment to the Loy Yang B Act 1992 11 20. Amendment to the Victorian Civil and Administrative Tribunal Act 1998 11 -- 1 of 15 -- Section Page ii ═══════════════ ENDNOTES 13 -- 2 of 15 -- 1 Building (Amendment) Act 2001† [Assented to 7 November 2001] The Parliament of Victoria enacts as follows: 1. Purpose The main purpose of this Act is to amend the Building Act 1993— (a) to change the title of the Building Control Commission to the Building Commission; and (b) to streamline the processes involved in applying, adopting or incorporating planning schemes into the building regulations; and Victoria No. 68 of 2001 -- 3 of 15 -- Act No. 68/2001 Building (Amendment) Act 2001 2 (c) to widen the classes of person who can be appointed as members of various bodies established under that Act; and (d) to otherwise improve the operation of that Act. 2. Commencement (1) This section and sections 1, 4, 5, 9, 10 and 13 come into operation on the day after the day on which this Act receives the Royal Assent. (2) Sections 3 and 14 come into operation on 1 January 2002. (3) Sections 8 and 15 come into operation on a day to be proclaimed. (4) Subject to sub-section (5), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (5) If a provision referred to in sub-section (3) or (4) does not come into operation before 1 July 2002, it comes into operation on that day. 3. Change of name of Commission (1) In section 3(1) of the Building Act 1993— (a) in the definition of "Commission" omit "Control"; (b) in the definition of "Commissioner" omit "Control". (2) In the heading to Division 2 of Part 12 of the Building Act 1993 omit "Control". (3) In sections 193(1), 221ZZZS and 261(1)(o) of the Building Act 1993 omit "Control". s. 2 -- 4 of 15 -- Act No. 68/2001 Building (Amendment) Act 2001 3 (4) For section 221ZZXB(1)(c) of the Building Act 1993 substitute— "(c) the Commissioner of the Building Commission; and". 4. Changes concerning incorporation by reference (1) For section 9(2) of the Building Act 1993 substitute— "(2) Section 32 of the Interpretation of Legislation Act 1984 does not apply to the application, adoption or incorporation by the building regulations of any matter contained in a planning scheme approved under the Planning and Environment Act 1987.". (2) Part 2 of Schedule 1 to the Building Act 1993 is repealed. 5. Insertion of section 9A After section 9 of the Building Act 1993 insert— "9A. Regulatory impact statement not required for certain amendments (1) This section applies if a particular building regulation applies, adopts or incorporates any matter contained in a planning scheme approved under the Planning and Environment Act 1987. (2) Despite anything to the contrary in Part 2 of the Subordinate Legislation Act 1994, it is not necessary for the Minister to ensure that a regulatory impact statement is prepared in respect of that regulation.". s. 4 -- 5 of 15 -- Act No. 68/2001 Building (Amendment) Act 2001 4 6. Insertion of section 15A After section 15 of the Building Act 1993 insert— "15A. Building regulations with respect to swimming pools and spas (1) The Governor in Council may make regulations for or with respect to— (a) the construction, installation, maintenance and operation of swimming pools and spas and associated services; and (b) the construction, installation, maintenance, operation and use of— (i) equipment associated with swimming pools and spas, including safety equipment; and (ii) swimming pool barriers and spa barriers and associated services. (2) Despite section 262(f), regulations made under sub-section (1) may impose penalties not exceeding 50 penalty units for a contravention of those regulations.". 7. Insurance for protection work (1) For section 93(1) of the Building Act 1993 substitute— "(1) Before any protection work is commenced in respect of an adjoining property, an owner must ensure that a contract of insurance is in force, in accordance with this section, against— (a) damage by the proposed protection work to the adjoining property; and s. 6 -- 6 of 15 -- Act No. 68/2001 Building (Amendment) Act 2001 5 (b) any liabilities likely to be incurred to adjoining occupiers and members of the public during the carrying out of the building work and for a period of 12 months after that building work is completed. Penalty: 100 penalty units, in the case of a natural person. 500 penalty units, in the case of a body corporate.". (2) In section 93(3) of the Building Act 1993, after "lodge" insert "a copy of". (3) At the foot of section 93(3) of the Building Act 1993 insert— "Penalty: 10 penalty units, in the case of a natural person. 50 penalty units, in the case of a body corporate.". (4) For section 93(4) of the Building Act 1993 substitute— "(4) The owner must ensure that the contract of insurance is renewed or extended as often as may be necessary during the carrying out of the building work and for 12 months after that work is completed. Penalty: 100 penalty units, in the case of a natural person. 500 penalty units, in the case of a body corporate. (5) The owner must lodge a copy of a document evidencing the renewal or extension of the s. 7 -- 7 of 15 -- Act No. 68/2001 Building (Amendment) Act 2001 6 contract of insurance with the adjoining owner as soon as it is practicable to do so after the renewal or extension. Penalty: 10 penalty units, in the case of a natural person. 50 penalty units, in the case of a body corporate.". 8. Membership of bodies (1) After section 166(3)(b) of the Building Act 1993 insert— "(ba) at least one person who is a legal practitioner within the meaning of the Legal Practice Act 1996 and who has been admitted to legal practice in Victoria for not less than 5 years; and (bb) at least one person who, in the Minister's opinion, is able to represent the interests of users of the services of building practitioners; and". (2) After section 184(2)(a) of the Building Act 1993 insert— "(ab) at least one is to be a person who is a legal practitioner within the meaning of the Legal Practice Act 1996 and who has been admitted to legal practice in Victoria for not less than 5 years; and (ac) at least one is to be a person who, in the Minister's opinion, is able to represent the interests of users of the services of building practitioners; and". (3) In section 207 of the Building Act 1993— s. 8 -- 8 of 15 -- Act No. 68/2001 Building (Amendment) Act 2001 7 (a) in sub-section (2)(g), for "industry." substitute "industry; and"; (b) after sub-section (2)(g) insert— "(h) at least one is to be a person who is a legal practitioner within the meaning of the Legal Practice Act 1996 and who has been admitted to legal practice in Victoria for not less than 5 years; and (i) at least one is to be a person who, in the Minister's opinion, is able to represent the interests of users of the services of building practitioners.". (4) In section 210 of the Building Act 1993— (a) in sub-section (2)(l), for "industry." substitute "industry;"; (b) after sub-section (2)(l) insert— "(m) at least one is to be a person who is a legal practitioner within the meaning of the Legal Practice Act 1996 and who has been admitted to legal practice in Victoria for not less than 5 years; (n) at least one is to be a person who, in the Minister's opinion, is able to represent the interests of users of the services of building practitioners.". 9. Builder must be registered in proper category or class For section 176(2A) of the Building Act 1993 substitute— "(2A) A builder must not carry out domestic building work of a particular category or class under a major domestic building contract unless the builder is registered by the Building Practitioners Board under this s. 9 -- 9 of 15 -- Act No. 68/2001 Building (Amendment) Act 2001 8 Part to carry out domestic building work of that category or class.". 10. Insertion of section 179A After section 179 of the Building Act 1993 insert— "179A. Inquiries into conduct of building practitioners who are no longer registered (1) A reference to a registered building practitioner in sections 177, 178 and 179 in relation to the holding of an inquiry into the conduct of a building practitioner includes a reference to any person who was a registered building practitioner at the time of the conduct, even though that person's registration is suspended at the time any action is taken under those sections. (2) Conduct that may be inquired into for the purposes of sections 177, 178 and 179 in relation to a person whose registration as a registered building practitioner has been suspended is limited to conduct that occurred during the 3 year period that immediately preceded the suspension.". 11. Insertion of section 216B After section 216A of the Building Act 1993 insert— "216B. Delegation by municipal building surveyor The municipal building surveyor of a council may, by instrument, delegate any of his or her functions under this Act or the regulations, except this power of delegation, to any person employed or engaged by the council who is registered as a building surveyor under Part 11.". s. 10 -- 10 of 15 -- Act No. 68/2001 Building (Amendment) Act 2001 9 12. Application of Act to lessees or licensees of Crown land After section 217(2A) of the Building Act 1993 insert— '(2B) Despite anything to the contrary in this Act, Part 8 applies to a lessee or licensee of Crown land as if a reference in that Part to the "owner" were a reference to the lessee or licensee.'. 13. Regulation-making powers (1) In section 261(1) of the Building Act 1993— (a) for paragraph (la) substitute— "(la) fees payable for consideration by reporting authorities of applications for permits referred to them under this Act or the regulations for consent and report;"; (b) after paragraph (r) insert— "(ra) requiring or authorising the testing of essential services in buildings, building work and places of public entertainment;". (2) In Schedule 2 to the Building Act 1993— (a) in clause 1(e) omit "under section 28 or 29A"; (b) in clause 5(1A)— (i) omit "an authority which is"; (ii) omit "under section 28 or 29A". 14. Insertion of section 265 s. 12 -- 11 of 15 -- Act No. 68/2001 Building (Amendment) Act 2001 10 After section 264 of the Building Act 1993 insert— "265. Transitional—Effect of change to Commission's name (1) The Building Commission is the same body as the Building Control Commission, despite the change to its name by section 3(3) of the Building (Amendment) Act 2001 and no act, matter or thing is to be affected because of that change of name. (2) On and from the commencement of this section, in any Act or in any instrument made under any Act or in any other document of any kind, a reference to the Building Control Commission is deemed to be a reference to the Building Commission, unless the contrary intention appears.". 15. Insertion of section 266 At the end of Part 14 of the Building Act 1993 insert— "266. Transitional—Effect of change of membership (1) The Building Appeals Board is deemed to be the same body despite the change to its membership made by section 8(1) of the Building (Amendment) Act 2001. (2) The Building Practitioners Board is deemed to be the same body despite the change to its membership made by section 8(2) of the Building (Amendment) Act 2001. (3) The Building Advisory Council is deemed to be the same body despite the change to its -- 12 of 15 -- Act No. 68/2001 Building (Amendment) Act 2001 11 membership made by section 8(3) of the Building (Amendment) Act 2001. (4) The Building Regulations Advisory Committee is deemed to be the same body despite the change to its membership made by section 8(4) of the Building (Amendment) Act 2001.". 16. Repeal of regulation-making power for swimming pools and spas In Part 1 of Schedule 1 to the Building Act 1993, item 19 is repealed. 17. Amendment to Domestic Building Contracts Act 1995 In section 3(1) of the Domestic Building Contracts Act 1995, in the definition of "Commission", omit "Control". 18. Amendment to the Electricity Industry (Residual Provisions) Act 1993 In section 84AC of the Electricity Industry (Residual Provisions) Act 1993 omit "Control". 19. Amendment to the Loy Yang B Act 1992 In section 22 of the Loy Yang B Act 1992 omit "Control". 20. Amendment to the Victorian Civil and Administrative Tribunal Act 1998 (1) Insert the following heading to clause 12 of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998— "Referral to Director, Building Commission or Building Practitioners Board". (2) In Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998, in clause 12(1), omit "Control". s. 16 -- 13 of 15 -- Act No. 68/2001 Building (Amendment) Act 2001 12 (3) Insert the following heading to clause 40 of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998— "Referral to Director, Building Commission or Building Practitioners Board". (4) In Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998, in clause 40(1), omit "Control". ═══════════════ s. 20 -- 14 of 15 -- Act No. 68/2001 Building (Amendment) Act 2001 13 ENDNOTES † Minister's second reading speech— Legislative Assembly: 27 September 2001 Legislative Council: 18 October 2001 The long title for the Bill for this Act was "to amend the Building Act 1993 and for other purposes." Endnotes -- 15 of 15 --