Building Amendment Act 2010
No. 33 of 2010
table of provisions
Section Page
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
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
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
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Endnotes 18
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Section Page
Victoria
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Section Page
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Section Page
Building Amendment Act 2010[(]
No. 33 of 2010
[Assented to 15 June 2010]
iii
Building Amendment Act 2010
No. 33 of 2010
2
Building Amendment Act 2010
No. 33 of 2010
The Parliament of Victoria enacts:
2
Part 1—Preliminary
Building Amendment Act 2010
No. 33 of 2010
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
(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
s. 2
(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 1March 2011, it comes into operation on that day.
______
Part 2—Amendments to the Building Act 1993
3 Penalty for carrying out building works without permit or in contravention of permit
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
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.".
6 Penalties for failure to give copies of permits and documents to relevant council
s. 6
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.".
10 Penalty for conducting public entertainment at place without occupancy permit
s. 10
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.".
14 Penalties for failure of owner to notify others of occupancy permit
s. 14
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.".
19 Penalties for carrying out building work before requirements met and for failure to carry out protection work
s. 19
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.".
22 Penalty for failure to give notice to adjoining owner prior to entry on adjoining property
s. 22
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.".
27 Penalties for working as building practitioner without required insurance
s. 27
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.".
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