Building (Legionella) Act 2000

i Building (Legionella) Act 2000 Act No. 85/2000 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY MATTERS 1 1. Purpose 1 2. Commencement 2 PART 2—AMENDMENTS TO THE BUILDING ACT 1993 3 3. Definitions 3 4. Objects 3 5. Insertion of Parts 5A, 5B and 5C 3 PART 5A—REGISTRATION OF COOLING TOWER SYSTEMS 4 Division 1—Preliminary Matters 4 75A. Meaning of "cooling tower" 4 75AB. Meaning of "cooling tower system" 4 Division 2—Provisions Applying to Existing Systems 5 75B. Application of this Division 5 75BA. Owner must apply to register cooling tower system within 6 months 5 75BB. Initial registration period 5 75BC. Owner must renew the registration of cooling tower systems 6 75BD. Additional statement to be made in first renewal application 6 75BE. Additional fee payable for certain renewals 6 75BF. Period of renewed registrations 7 75BG. Second and subsequent renewals 7 Division 3—Provisions Applying to All Other Cooling Tower Systems 7 75C. Application of this Division 7 75CA. Owner must register cooling tower system 8 75CB. Additional statement to be included with application 8 -- 1 of 35 -- Section Page ii 75CC. Registration to last for 1 year 8 75CD. Owner must renew the registration of cooling tower systems annually 8 75CE. Additional statement to be included with renewal application 9 Division 4—Provisions Applying Generally 9 75D. Requirements concerning the submission of application forms 9 75DA. Processing of applications 10 75DB. Multiple cooling tower systems on same land 11 75DC. Commission to notify Department of Human Services of non-compliance 11 75DD. Registration to continue pending renewal 12 75DE. Commission to be notified of change of ownership 12 75DF. Commission to be notified of other changes 13 75DG. Offence to provide false information 13 75DH. Cooling tower system register 14 PART 5B—RISK MANAGEMENT PLANS FOR COOLING TOWER SYSTEMS 14 Division 1—General Requirements 14 75E. Meaning of "risk management plan" 14 75EA. Owner must ensure risk management plan prepared 15 75EB. Owner must ensure risk management plan reviewed 15 75EC. Owner must ensure service records kept 15 75ED. Plan and records must be kept on site 16 Division 2—Audit 16 75F. Risk management plan audit 16 75FA. Owner must ensure audit conducted 17 75FB. Audit certificate to be given 17 Division 3—Approved Auditors 18 75G. Meaning of "certifying body" 18 75GA. Only approved auditors may conduct audits 19 75GB. Appointment of approved auditors 19 75GC. Auditor must comply with conditions of certification 19 75GD. Offence to impersonate approved auditor 19 75GE. Conflict of interest to be avoided 20 75GF. Revocation of approval to act as an auditor 21 -- 2 of 35 -- Section Page iii Division 4—Regulations 22 75H. Regulations 22 PART 5C—ENFORCEMENT OF PARTS 5A AND 5B 22 75J. Meaning of "inspector" 22 75JA. Identity cards 22 75JB. General powers of inspectors 23 75JC. Protection against self-incrimination 24 75JD. Disclosure of information 24 75JE. Improvement notice 25 6. Additional Commission functions 26 7. Building Administration Fund 26 8. Application of Parts 5A and 5B to the Crown 27 9. Change concerning plumbing work compliance certificate 27 10. Insertion of section 221ZZZS 27 221ZZZS. Commission may disclose cooling tower information 28 11. Plumbing regulations may regulate cooling towers 28 12. Proceedings for offences 28 13. Additional fee regulation-making power 28 PART 3—AMENDMENTS TO THE HEALTH ACT 1958 30 14. Additional regulation-making powers 30 ═══════════════ ENDNOTES 32 -- 3 of 35 -- 1 Building (Legionella) Act 2000† [Assented to 5 December 2000] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY MATTERS 1. Purpose The purpose of this Act is (a) to amend the Building Act 1993— (i) to require the registration of cooling tower systems; and (ii) to require the preparation and regular audit of risk management plans in relation to cooling tower systems; and Victoria No. 85 of 2000 -- 4 of 35 -- Act No. 85/2000 Building (Legionella) Act 2000 2 (b) to amend the Health Act 1958 to ensure that that Act provides adequate powers to enable the making of regulations dealing with legionellosis and other infectious diseases. 2. Commencement (1) This section and sections 1, 3, 10, 11 and 14 come into operation on the day after the day on which this Act receives the Royal Assent. (2) Subject to sub-section (4), section 9 comes into operation on a day to be proclaimed. (3) Subject to sub-section (4), the remaining provisions of this Act come into operation on a day to be proclaimed. (4) If a provision referred to in sub-section (2) or (3) does not come into operation before 1 January 2002, it comes into operation on that day. _______________ s. 2 -- 5 of 35 -- Act No. 85/2000 Building (Legionella) Act 2000 3 PART 2—AMENDMENTS TO THE BUILDING ACT 1993 3. Definitions In section 3(1) of the Building Act 1993 insert— ' "approved auditor" means a person holding a current certificate issued under section 75GB; "cooling tower" has the meaning set out in section 75A; "cooling tower system" has the meaning set out in section 75AB; "Legionella" means bacteria belonging to the genus Legionella; "lot", in relation to land, means a piece of land that can, at the relevant time, be disposed of separately; "risk management plan" has the meaning set out in section 75E; "risk management plan audit" has the meaning set out in section 75F;'. 4. Objects After section 4(h) of the Building Act 1993 insert— "(i) to regulate cooling tower systems.". 5. Insertion of Parts 5A, 5B and 5C After Part 5 of the Building Act 1993 insert— s. 3 -- 6 of 35 -- Act No. 85/2000 Building (Legionella) Act 2000 4 'PART 5A—REGISTRATION OF COOLING TOWER SYSTEMS Division 1—Preliminary Matters 75A. Meaning of "cooling tower" (1) A cooling tower is a device for lowering— (a) the temperature of recirculated water by bringing the water into contact with fan forced, or fan induced, atmospheric air; or (b) the temperature of water, a refrigerant or other fluid in a pipe or other container by bringing recirculated water and fan forced, or fan induced, atmospheric air into contact with the pipe or container. (2) An evaporative air cooler or evaporative air conditioner is not a cooling tower. 75AB. Meaning of "cooling tower system" A cooling tower system is— (a) a cooling tower, or a number of interconnected cooling towers that use the same recirculating water; and (b) any machinery that is used to operate the tower or towers; and (c) any associated tanks, pipes, valves, pumps or controls. s. 5 -- 7 of 35 -- Act No. 85/2000 Building (Legionella) Act 2000 5 Division 2—Provisions Applying to Existing Systems 75B. Application of this Division This Division only applies to a cooling tower system that was in working condition immediately before the date section 5 of the Building (Legionella) Act 2000 came into operation. 75BA. Owner must apply to register cooling tower system within 6 months The owner of any land on which there is a cooling tower system must apply to register the system with the Commission within 6 months after the date section 5 of the Building (Legionella) Act 2000 came into operation. Penalty: 120 penalty units. 75BB. Initial registration period (1) The initial registration of a cooling tower system to which this Division applies is valid for the period specified in the certificate of registration issued in respect of the system. (2) The Commission may specify a period of between 12 months and 18 months on an initial certificate of registration issued in respect of a cooling tower system to which this Division applies. s. 5 -- 8 of 35 -- Act No. 85/2000 Building (Legionella) Act 2000 6 75BC. Owner must renew the registration of cooling tower systems The owner of any land on which there is a registered cooling tower system must apply to renew the registration under this Division before the registration is due to expire. Penalty: 60 penalty units. 75BD. Additional statement to be made in first renewal application A person applying to renew the registration of a cooling tower system under this Division for the first time must include with the application form a statement as to whether or not a risk management plan has been prepared in respect of the system. 75BE. Additional fee payable for certain renewals (1) This section applies if an initial registration period of more than 12 months was granted under section 75BB in respect of a cooling tower system. (2) In addition to any other fee the owner is liable to pay in applying to renew the initial registration of the system, the owner must also pay an amount calculated as follows— (RP - 365) x F 365 where— RP is the length of the initial registration period in days; F is the fee paid for the initial registration. s. 5 -- 9 of 35 -- Act No. 85/2000 Building (Legionella) Act 2000 7 75BF. Period of renewed registrations A registration of a cooling tower system that is renewed under this Division expires on the day before the anniversary of the day the initial registration expired. 75BG. Second and subsequent renewals A person applying for the second, and each subsequent, renewal of registration of a cooling tower system under this Division must include with the application form— (a) a statement that a risk management plan has, or has not, been prepared in respect of the system; and (b) if a risk management plan has been prepared in respect of the system, a statement that the plan— (i) has, or has not, been reviewed in the 12 months before the statement was made; and (ii) was, or was not, the subject of a risk management plan audit in the 3 months before the registration was due to expire. Division 3—Provisions Applying to All Other Cooling Tower Systems 75C. Application of this Division This Division applies to any cooling tower system to which Division 2 does not apply. s. 5 -- 10 of 35 -- Act No. 85/2000 Building (Legionella) Act 2000 8 75CA. Owner must register cooling tower system (1) The owner of any land on which there is a cooling tower system must apply to register the system with the Commission before the system is brought into operation. Penalty: 120 penalty units. (2) A reference to bringing a cooling tower system into operation in this section includes a reference to the conduct of tests associated with the installation or commissioning or re- commissioning of the system. 75CB. Additional statement to be included with application A person applying to register a cooling tower system under this Division must include with the application form a statement as to whether or not a risk management plan has been prepared in respect of the system. 75CC. Registration to last for 1 year The registration of a cooling tower system expires on the day before the anniversary of the date it was first registered. 75CD. Owner must renew the registration of cooling tower systems annually The owner of any land on which there is a cooling tower system must apply to renew the registration of the system before the registration is due to expire. Penalty: 60 penalty units. s. 5 -- 11 of 35 -- Act No. 85/2000 Building (Legionella) Act 2000 9 75CE. Additional statement to be included with renewal application A person applying to renew the registration of a cooling tower system under this Division must include with the application form— (a) a statement that a risk management plan has, or has not, been prepared in respect of the system; and (b) if a risk management plan has been prepared in respect of the system, a statement that the plan— (i) has, or has not, been reviewed in the 12 months before the statement was made; and (ii) was, or was not, the subject of a risk management plan audit in the 3 months before the registration was due to expire. Division 4—Provisions Applying Generally 75D. Requirements concerning the submission of application forms (1) If a person is required to apply to register, or to renew the registration of, a cooling tower system, the person must— (a) submit the appropriate application form to the Commission; and (b) submit with the form any relevant fee required under this Act. s. 5 -- 12 of 35 -- Act No. 85/2000 Building (Legionella) Act 2000 10 (2) Any form or statement that is required under this Part— (a) must be prepared in accordance with any requirements specified in the regulations; and (b) must include all the details required by the regulations; and (c) must be submitted in accordance with the regulations. 75DA. Processing of applications (1) The Commission must give a person who applies for the registration, or the renewal of registration, of a cooling tower system under this Part— (a) a certificate of registration, or renewal of registration, for the system that states the date on which the registration or renewal occurred; or (b) a written notice stating that the application has been deferred due to a failure to comply with one or more specified requirements of this Part. (2) If the Commission advises a person that an application has been deferred, the notice must also— (a) give details of the failure that caused the deferral; and (b) specify a date by which the person must remedy the failure. (3) Sub-section (1) applies to any information, statement or fee submitted in response to a notice given under sub-section (1)(b) as if it were an application for registration or renewal of registration. s. 5 -- 13 of 35 -- Act No. 85/2000 Building (Legionella) Act 2000 11 (4) If the Commission defers an application and the person who submitted the application does not remedy the failure that caused the deferral by the date specified under sub- section (2)(b) (or any later date allowed by the Commission in writing)— (a) the application lapses and the person is not entitled to have any fee submitted in relation to the application refunded; and (b) for the purposes of this Part, the person is to be treated as if the person had not submitted the application. 75DB. Multiple cooling tower systems on same land (1) This section applies if there are 2 or more cooling tower systems on a lot of land. (2) The owner of the land is only required to submit one application for registration in respect of the cooling tower systems, but must— (a) give details of each system in the application; and (b) make a separate statement under section 75BD, 75BG, 75CB or 75CE (as the case may be) in respect of each system. 75DC. Commission to notify Department of Human Services of non-compliance (1) The Commission must notify the Secretary to the Department of Human Services if a statement is made— s. 5 -- 14 of 35 -- Act No. 85/2000 Building (Legionella) Act 2000 12 (a) under section 75BD, 75BG, 75CB or 75CE that a risk management plan has not been prepared; or (b) under section 75BG(b)(i) or 75CE(b)(i) that a risk management plan has not been reviewed in the 12 months before the statement was made; or (c) under section 75BG(b)(ii) or 75CE(b)(ii) that a risk management plan audit has not been conducted within the specified time. (2) A notification under this section need only be made after the application for registration, or renewal of registration, in respect of which the statement was made has been granted. 75DD. Registration to continue pending renewal (1) This section applies if a person applies for the renewal of the registration of a cooling tower system before the registration is due to expire. (2) Despite anything to the contrary in this Part, the registration is deemed to continue until— (a) a certificate of the renewal of the registration is issued; or (b) the application lapses or is withdrawn. 75DE. Commission to be notified of change of ownership (1) This section applies if the ownership of any land on which there is a cooling tower system changes. s. 5 -- 15 of 35 -- Act No. 85/2000 Building (Legionella) Act 2000 13 (2) Within 30 days after the date the ownership of the land changes, the new owner of the land must notify the Commission in writing of the change of ownership. Penalty: 10 penalty units. 75DF. Commission to be notified of other changes (1) A person who holds a certificate of registration in respect of a cooling tower system must notify the Commission of any of the following events within 30 days after the completion of the event— (a) the addition or removal of a cooling tower to, or from, the system; (b) the removal, or permanent decommissioning, of the system; (c) the relocation of the system on the lot of land on which it stands. Penalty: 10 penalty units. (2) A notification— (a) must be made in the form and manner required by the regulations; and (b) must contain the details required by the regulations. 75DG. Offence to provide false information A person must not make any false statement, or give any false information, in an application for the registration, or the renewal of registration, of a cooling tower system. Penalty: 10 penalty units. s. 5 -- 16 of 35 -- Act No. 85/2000 Building (Legionella) Act 2000 14 75DH. Cooling tower system register (1) The Commission must keep a register containing— (a) details of the location and type of each cooling tower system that the Commission has registered; and (b) any other information in relation to those systems specified by the regulations. (2) The Commission must ensure that the register is available for inspection by any person wishing to inspect it during the Commission's normal office hours. PART 5B—RISK MANAGEMENT PLANS FOR COOLING TOWER SYSTEMS Division 1—General Requirements 75E. Meaning of "risk management plan" (1) A risk management plan for a cooling tower system is a document that identifies risks associated with the use of the system and that sets out the steps to be taken— (a) to manage the risks; and (b) to ensure compliance with any requirements relating to the system imposed by, or under, this Act or the Health Act 1958. (2) A risk management plan must— (a) address the risks specified in the regulations; and (b) include any other matters required by the regulations. s. 5 -- 17 of 35 -- Act No. 85/2000 Building (Legionella) Act 2000 15 75EA. Owner must ensure risk management plan prepared The owner of any land on which there is a cooling tower system must take all reasonable steps to ensure that a risk management plan is prepared in respect of the system— (a) in the case of a system to which Division 2 of Part 5A applies—before the initial registration of the system is due to expire; (b) in the case of a system to which Division 3 of Part 5A applies—before the system is brought into operation within the meaning of section 75CA. Penalty: 60 penalty units. 75EB. Owner must ensure risk management plan reviewed (1) The owner of any land on which there is a cooling tower system must take all reasonable steps to ensure that the risk management plan prepared in respect of the system is reviewed, and, if necessary, updated, at least once in every registration period. Penalty: 60 penalty units. (2) Despite sub-section (1), in the case of a cooling tower system to which Division 2 of Part 5A applies, it is not necessary to review the risk management plan for the system in the initial registration period. 75EC. Owner must ensure service records kept s. 5 -- 18 of 35 -- Act No. 85/2000 Building (Legionella) Act 2000 16 The owner of any land on which there is a cooling tower system must take all reasonable steps to ensure— (a) that a record is kept of all repair, maintenance and testing work that is carried out on the system; and (b) that the record is kept for at least 7 years after it was created. Penalty: 60 penalty units. 75ED. Plan and records must be kept on site The owner of any land on which there is a cooling tower system must take all reasonable steps to ensure that the risk management plan in respect of the system and any records required by section 75EC in relation to the system are kept— (a) at the building in which the system is in or on; or (b) if the system is not in or on a building, at a building on the lot of land on which the system is located. Penalty: 60 penalty units. Division 2—Audit 75F. Risk management plan audit (1) A risk management plan audit is an audit by an approved auditor in relation to the risk management plan prepared in respect of a cooling tower system to determine— (a) whether the plan complies with section 75E(2); and (b) whether the plan is being implemented. s. 5 -- 19 of 35 -- Act No. 85/2000 Building (Legionella) Act 2000 17 (2) In conducting a risk management plan audit, the auditor must inspect all the documents relating to the cooling tower system that are specified by the regulations for the purposes of this section. (3) A risk management plan audit does not require the auditor— (a) to determine whether the plan has, in fact, adequately controlled the risks associated with the use of a cooling tower system; or (b) to inspect the system. 75FA. Owner must ensure audit conducted (1) The owner of any land on which there is a cooling tower system must take all reasonable steps to ensure that a risk management plan audit is conducted in relation to the risk management plan prepared in respect of the system in the 3 months before the registration of the system is due to expire. Penalty: 60 penalty units. (2) An owner of land is not excused from complying with this section merely because the carrying out of the audit can only be done at the owner's expense. (3) Despite sub-section (1), in the case of a cooling tower system to which Division 2 of Part 5A applies, a risk management plan audit of the system's risk management plan need not be conducted in the initial registration period. 75FB. Audit certificate to be given s. 5 -- 20 of 35 -- Act No. 85/2000 Building (Legionella) Act 2000 18 (1) After conducting a risk management plan audit, an approved auditor must give the person who commissioned the audit a certificate stating the auditor's opinion on— (a) whether the plan complies with section 75E(2); and (b) whether the plan is being implemented. (2) The certificate must be in the form, and contain the details, required by the regulations. (3) If the auditor is of the opinion— (a) that the plan does not comply with section 75E(2); or (b) that the plan is not being implemented— he or she must also give a copy of the certificate to the Secretary to the Department of Human Services within 3 business days after forming that opinion. Penalty: 60 penalty units. (4) If the auditor is of the opinion described in sub-section (3), he or she must include in the certificate details of the reasons why he or she is of that opinion. Division 3—Approved Auditors 75G. Meaning of "certifying body" In this Division, "certifying body" means the Secretary to the Department of Human Services or any person or body who the regulations state is to be able to make certifications for the purposes of this Division. s. 5 -- 21 of 35 -- Act No. 85/2000 Building (Legionella) Act 2000 19 75GA. Only approved auditors may conduct audits A person must not conduct a risk management plan audit unless he or she is an approved auditor. Penalty: 60 penalty units for a first offence and 120 penalty units for a second or subsequent offence. 75GB. Appointment of approved auditors (1) A certifying body may certify in writing that a natural person is competent to conduct a risk management plan audit. (2) In certifying a person, the certifying body— (a) may impose any conditions on the certification that the certifying body considers to be appropriate; and (b) may specify for how long the certificate remains current. (3) If the regulations provide for the payment of any fee in relation to a certification, the certifying body must not certify a person until the person has paid the fee. 75GC. Auditor must comply with conditions of certification An approved auditor must comply with any condition imposed by the certifying body in certifying him or her to be an auditor. Penalty: 60 penalty units for a first offence and 120 penalty units for a second or subsequent offence. 75GD. Offence to impersonate approved auditor A person must not— s. 5 -- 22 of 35 -- Act No. 85/2000 Building (Legionella) Act 2000 20 (a) use or take the title "approved auditor" in relation to the conduct of a risk management plan audit; or (b) directly or indirectly represent that he or she is approved or authorised to conduct a risk management plan audit— unless the person is an approved auditor. Penalty: 60 penalty units for a first offence and 120 penalty units for a second or subsequent offence. 75GE. Conflict of interest to be avoided (1) In this section "interested person", in relation to a cooling tower system, means all of the following— (a) a person who owns the system; and (b) the owner of the land on which the system stands; and (c) a person who has the management and control of the system; and (d) a person who was involved in the construction or installation of the system; and (e) a person who was involved in the maintenance or testing of the system during the period covered by an audit; and (f) a person who has written, or has assisted in the writing of, a risk management plan for the system. (2) A person must not conduct a risk management plan audit of the risk management plan of a cooling tower system s. 5 -- 23 of 35 -- Act No. 85/2000 Building (Legionella) Act 2000 21 if the person is an interested person, or is an employee or officer of an interested person. Penalty: 60 penalty units for a first offence and 120 penalty units for a second or subsequent offence. (3) A person must not conduct a risk management plan audit of a risk management plan as an employee of another person if any other employee of that other person has written, or has assisted in preparing, that plan. Penalty: 60 penalty units for a first offence and 120 penalty units for a second or subsequent offence. 75GF. Revocation of approval to act as an auditor A certifying body may, after giving a person a chance to be heard, revoke that person's certification as an approved auditor if the certifying body is satisfied that— (a) the certification was granted on the basis of fraud, misrepresentation or the concealment of facts; or (b) the person has failed to comply with any requirement imposed by this Act on approved auditors; or (c) the person is not sufficiently competent to carry out risk management plan audits; or (d) the person has been guilty of any fraudulent conduct in carrying out an audit; or (e) the person has not satisfactorily carried out 2 or more risk management plan audits. s. 5 -- 24 of 35 -- Act No. 85/2000 Building (Legionella) Act 2000 22 Division 4—Regulations 75H. Regulations The Governor in Council may make regulations for or with respect to— (a) specifying the matters to be included in risk management plans; (b) specifying how risk management plans are to be reviewed and updated; (c) specifying the form and manner, and the matters to be included in, any records that are required to be kept under this Part; (d) prescribing fees in relation to the certification of approved auditors; (e) generally providing for any other matter or thing required or permitted by this Part to be prescribed or necessary to be prescribed to give effect to this Part. PART 5C—ENFORCEMENT OF PARTS 5A AND 5B 75J. Meaning of "inspector" In this Part, "inspector" means any person authorised by the Secretary to the Department of Human Services for the purposes of this Part. 75JA. Identity cards s. 5 -- 25 of 35 -- Act No. 85/2000 Building (Legionella) Act 2000 23 (1) The Secretary to the Department of Human Services must issue an identity card to each inspector. (2) An identity card issued to a person— (a) must contain a photograph of the person; and (b) must contain the signature of the person; and (c) must be signed by the Secretary. (3) An inspector must produce his or her identity card for inspection— (a) before exercising a power under this Part other than a requirement made by post; and (b) at any time during the exercise of a power under this Part, if asked to do so. Penalty applying to this sub-section: 10 penalty units. 75JB. General powers of inspectors For the purposes of this Part and Parts 5A and 5B, Division 2 (Powers of entry) of Part 13 (other than sections 228 and 231H) applies as if— (a) a reference to an authorised person was a reference to an inspector; and (b) a reference in section 229 to "any inspection of a building or building work or plumbing work authorised or required under this Act or the regulations" was a reference to an inspection to determine whether or not this Part or Part 5A or 5B is being complied with; and s. 5 -- 26 of 35 -- Act No. 85/2000 Building (Legionella) Act 2000 24 (c) a reference in sections 231, 231B, 231F and 234A to this Act or the regulations was a reference to this Part or Part 5A or 5B or any regulations made under, or in relation to, this Part or Part 5A or 5B; and (d) a reference in section 231F(2) to building work or the work of a building practitioner or the carrying out of that work was a reference to any cooling tower system on the premises; and (e) a reference to an identity card was a reference to an identity card issued under this Division. 75JC. Protection against self-incrimination (1) It is a reasonable excuse for a natural person to refuse or fail to give information or do any other thing that the person is required to do by or under this Part, if the giving of the information or the doing of that other thing would tend to incriminate the person. (2) Despite sub-section (1), it is not a reasonable excuse for a natural person to refuse or fail to produce a document that the person is required to produce by or under this Part, if the production of the document would tend to incriminate the person. 75JD. Disclosure of information (1) In this section— -- 27 of 35 -- Act No. 85/2000 Building (Legionella) Act 2000 25 "relevant function" means a function under an Act that relates— (a) to the registration or operation of cooling tower systems; or (b) to the operation of any other device or equipment that may give rise to, harbour, propagate, or contribute to the spread of, Legionella; or (c) to stopping, limiting or preventing the spread of Legionella. (2) An inspector who obtains information while acting as an inspector may disclose the information to any person carrying out a relevant function if the inspector reasonably believes that the information may assist that person in carrying out that function. (3) Despite anything to the contrary in any other Act, a person carrying out a relevant function who obtains information while carrying out that function may disclose the information to an inspector if the person reasonably believes that the information may assist the inspector in carrying out a relevant function. 75JE. Improvement notice (1) This section applies if an inspector is satisfied that a person— (a) is contravening Part 5A or 5B; or (b) has contravened Part 5A or 5B in circumstances that make it likely that the contravention will occur again. (2) The inspector may issue to the person an improvement notice requiring the person to s. 5 -- 28 of 35 -- Act No. 85/2000 Building (Legionella) Act 2000 26 take specified action within a specified period to stop the contravention, or failure to comply, from continuing or occurring again. (3) The person must comply with the notice. Penalty: 10 penalty units.'. 6. Additional Commission functions After section 196(i) of the Building Act 1993 insert— "(ia) to disseminate information on matters relating to the registration of cooling tower systems;". 7. Building Administration Fund (1) After section 200(2)(c) of the Building Act 1993 insert— "; and (d) the cooling tower systems account.". (2) After section 200(3A) of the Building Act 1993 insert— "(3B) Any fees received by, or on behalf of, the Commission under Part 5A must, once they have been paid into the fund, be credited to the cooling tower systems account.". (3) After section 200(5)(b) of the Building Act 1993 insert— "; or (c) out of the cooling tower systems account in accordance with sub-section (7B) or (7C).". (4) After section 200(7)(ba) of the Building Act 1993 insert— "; and s. 6 -- 29 of 35 -- Act No. 85/2000 Building (Legionella) Act 2000 27 (bb) in accordance with sub-section (7B)— (i) any costs and expenses incurred by the Commission in the administration of Part 5A; and (ii) any costs and expenses incurred by the Commission in carrying out its functions under section 196(ia); and". (5) After section 200(7A) of the Building Act 1993 insert— "(7B) Amounts may be paid out of the cooling tower systems account towards the costs and expenses referred to in sub-section (7)(bb), if authorised by the Commission. (7C) Amounts may be paid out of the cooling tower systems account to the Consolidated Fund, if authorised by the Minister and the Minister administering the Health Act 1958.". 8. Application of Parts 5A and 5B to the Crown In section 217(1) of the Building Act 1993, after "Parts 2, 3, 4, 5," insert "5A, 5B,". 9. Change concerning plumbing work compliance certificate After section 221ZH(1)(c) of the Building Act 1993 insert— "; and (d) the construction, installation, alteration, relocation or replacement of a cooling tower or of any other part of a cooling tower system (including the installation or replacement of any associated device or equipment).". 10. Insertion of section 221ZZZS s. 8 -- 30 of 35 -- Act No. 85/2000 Building (Legionella) Act 2000 28 After section 221ZZZR of the Building Act 1993 insert— "221ZZZS. Commission may disclose cooling tower information The Commission may disclose any information it obtains under this Part that relates to a cooling tower system to the Building Control Commission and the Secretary to the Department of Human Services.". 11. Plumbing regulations may regulate cooling towers After section 221ZZZV(1)(g) of the Building Act 1993 insert— "(ga) regulating the construction, installation, alteration, relocation or replacement of a cooling tower or of any part of a cooling tower system; (gb) requiring the installation and use of specified devices or equipment in cooling towers or cooling tower systems, including in existing cooling towers and cooling tower systems;". 12. Proceedings for offences After section 241(1) of the Building Act 1993 insert— "(1A) Proceedings for an offence against Part 5A, 5B or 5C or any regulations relating to cooling tower systems (other than regulations made under Part 12A) may be brought by an inspector within the meaning Part 5C.". 13. Additional fee regulation-making power (1) After section 261(k) of the Building Act 1993 insert— s. 13 -- 31 of 35 -- Act No. 85/2000 Building (Legionella) Act 2000 29 "(ka) fees payable for the registration or renewal of registration of cooling tower systems, including application fees;". (2) At the end of section 261 of the Building Act 1993 insert— "(2) Fees imposed by regulations made under section 261(1)(ka) may be imposed for any or all of the following purposes— (a) to cover the costs of administering and enforcing Parts 5A and 5B; and (b) to cover the costs incurred by the Commission in carrying out its functions under section 196(ia); and (c) to cover the costs incurred by the Secretary to the Department of Human Services in carrying out any function conferred on the Secretary by or under any Act in relation to cooling tower systems or the eradication, prevention or control of Legionella; and (d) to enable education and research activities relating to the eradication, prevention or control of Legionella to be undertaken.". _______________ -- 32 of 35 -- Act No. 85/2000 Building (Legionella) Act 2000 30 PART 3—AMENDMENTS TO THE HEALTH ACT 1958 14. Additional regulation-making powers (1) In section 146(1) of the Health Act 1958— (a) after paragraph (c)(ii) insert— "; and (iia) the use, cleaning, maintenance, examination, testing and decontamination of any place or thing likely to give rise to, harbour, propagate, or contribute to the spread of, any infectious disease; and"; (b) after paragraph (c)(vi) insert— "; and (vii) the preparation, maintenance and availability of records in relation to any thing referred to in this paragraph; and"; (c) after paragraph (l)(i)(C) insert— "; and (D) the preparation, maintenance and availability of records in relation to the premises or anything at the premises; and". (2) After section 146(2)(d) of the Health Act 1958 insert— "; and (e) may provide in a specified case or class of case for the exemption of people or things from any of the provisions of the regulations, whether unconditionally or on specified s. 14 -- 33 of 35 -- Act No. 85/2000 Building (Legionella) Act 2000 31 conditions, and either wholly or to such extent as is specified.". ═══════════════ s. 14 -- 34 of 35 -- Act No. 85/2000 Building (Legionella) Act 2000 32 ENDNOTES † Minister's second reading speech— Legislative Assembly: 2 November 2000 Legislative Council: 22 November 2000 The long title for the Bill for this Act was "to amend the Building Act 1993 and the Health Act 1958 and for other purposes." Endnotes -- 35 of 35 --