Building Amendment (Plumbing) Act 2007

Building Amendment (Plumbing) Act 2007

No. 31 of 2007

table of provisions

SectionPage

1Purposes

2Commencement

3New definition inserted

4Restrictions concerning plumbing work for which compliance certificate required

5Restriction concerning specialised plumbing work

6New section 221FA inserted

221FAPlumbing work must comply with this Part and regulations

7New section 221OA inserted

221OAEndorsement to carry out specialised plumbing work—registered plumbers

8Commission may refuse to licence or register convicted peopleetc.

9Temporary licence or registration

10How long licensing and registration last

11New sections 221ZFA, 221ZFB and 221ZFC inserted

221ZFALicence and registration certificate to be returned
to Registrar

221ZFBLicensed plumber to produce licence for inspection

221ZFCRegistered plumber to produce certificate of registration for inspection

12Building practitioner must transfer compliance certificate to owner

13Powers of compliance auditors

14New Division 10A of Part 12A

Division 10A—Plumbing infringements

221ZZZDADefinitions

221ZZZEPlumbing infringement notices

221ZZZEAAdditional steps required by infringement notice

221ZZZEBProceedings where plumbing infringement notice requiring additional steps is served

15Grounds on which disciplinary action may be taken

16Minister may specify work to be specialised plumbing work

17Additional regulation-making powers under Part12A

18New section 221ZZZW inserted

221ZZZWIncorporation by reference of Plumbing Code of Australia or other document by regulations

19Power of entry—inspections of buildings or land

20Notice of entry

21Expansion of regulation-making powers under section262

22Repeal of Act

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Endnotes

SectionPage

Victoria

SectionPage

Building Amendment (Plumbing) Act 2007[†]

No. 31 of 2007

[Assented to 24 July 2007]

Building Amendment (Plumbing) Act 2007
No. 31 of 2007

The Parliament of Victoriaenacts:

Building Amendment (Plumbing) Act 2007
No. 31 of 2007

1Purposes

The purposes of this Act are to amend the Building Act 1993—

(a)to enable the regulations made under Part12A to incorporate the Plumbing Code of Australia; and

(b)to enable registered plumbers to carry out specialised plumbing work on behalf of licensed plumbers; and

(c)to provide for certain restrictions and obligations relating to plumbers; and

(d)to expand the regulation-making powers particularly in relation to plumbing work; and

(e) to makeother amendments to improve the operation of that Act.

2Commencement

s. 2

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 1 January 2008, it comes into operation on that day.

3New definition inserted

See:
Act No.
126/1993.
Reprint No. 7
as at
16 November 2006
and amending
Act Nos
26/2001 and 24/2006.
LawToday:
www.
legislation.
vic.gov.au

In section 221B(1) of the Building Act 1993insert the following definition—

"Plumbing Code of Australia means the Plumbing Code of Australia published by the National Plumbing Regulators Forum as amended or remade from time to time;".

4Restrictions concerning plumbing work for which compliance certificate required

(1)Insert the following heading to section 221E of the Building Act 1993—

"Restrictions concerning work for which compliance certificate required".

(2)For section 221E(2) of the Building Act 1993 substitute—

"(2) Despite subsection (1), a plumber who is registered to carry out a particular class or type of plumbing work or specialised plumbing work may carry out any work of that class or type for which a compliance certificate is required under the supervision of a licensed plumber who is authorised to carry out that class or type of work.

(2A) Despite subsection (1), a plumbing apprentice may carry out a particular class or type of plumbing workfor which a compliance certificate is required under the supervision of a licensed plumber who is authorisedto carry out that class or type of work.".

5Restriction concerning specialised plumbing work

s. 5

In section 221F(1) of the Building Act 1993, after "licensed" insert "or registered".

6New section 221FA inserted

After section 221F of the Building Act 1993 insert—

"221FA Plumbing work must comply with this Part and regulations

A licensed plumber or a registered plumber must not carry out any plumbing work or specialised plumbing work that does not comply with this Part or the regulations made under this Part.

Penalty:50 penalty units.".

7New section 221OA inserted

After section 221O of the Building Act 1993 insert—

"221OA Endorsement to carry out specialised plumbing work—registered plumbers

(1)To be able to be registered to carry out a particular class of specialised plumbing work, a person must—

(a)be a registered plumber; and

(b)either—

(i)have the relevant qualifications and experience required by the regulations (or a declaration under section221ZZZU); or

(ii)satisfy the Commission that he or she has knowledge and competence at least equal to that that a person who has the qualifications and experience required by subparagraph (i) would have.

(2)The Commission must register a person to carry out a particular class of specialised plumbing work if—

s. 7

(a)the person applies to be registered in accordance with section 221T; and

(b)it is satisfied that the person meets the requirements listed in subsection (1); and

(c)the person pays the endorsement fee set out in the regulations.

(3)The Commission may register an eligible person with respect to 2 or more particular classes of specialised plumbing work.

(4)If the Commission registers a person to carry out a particular class of specialised plumbing work, the Registrar must endorse the registration certificate given to the person in respect of his or her registration under section 221O with a statement to the effect that the person is also registered to carry out that class of specialised plumbing work.

(5)A person who is registered to carry out a particular class of specialised plumbing work under this section must not, unless otherwise exempted by the Commission, do any specialised plumbing work of that class unless that work is carried out on behalf of, or at the direction of, a person who is licensed to carry out work of that class.

Penalty:20 penalty units.".

8Commission may refuse to licence or register convicted peopleetc.

s. 8

In sections 221S(1) and 221S(2)of the Building Act 1993, for "and 221O(2)" substitute
", 221O(2) and 221OA(2)".

9Temporary licence or registration

In section 221W(1)(c)of the Building Act 1993, after "licence fee" insert "or registration fee".

10How long licensing and registration last

In section 221Z(2) of the Building Act 1993, after "plumbing work" insert "or specialised plumbing work".

11New sections 221ZFA, 221ZFB and 221ZFC inserted

After section 221ZF of the Building Act 1993 insert—

"221ZFA Licence and registration certificate to be returned to Registrar

(1)The Registrar may ask a person who holds a licence or certificate of registration for the return of that licence or certificate of registration—

(a)for the purpose of altering the details on the licence or certificate; or

(b)for any purpose permitted by this Act.

(2)A person who holds a licence or certificate of registration must return it to the Registrar as soon as is practicable after being asked to do so by the Registrar under subsection (1).

Penalty:10 penalty units.

221ZFBLicensed plumber to produce licencefor inspection

s. 11

A licensed plumbermust produce his or her licence for inspection if asked to do so by—

(a)any person—

(i)with whom the licensed plumber has entered into a contract to carry out plumbing work or specialised plumbing work; or

(ii)to whom the licensed plumber has made a statement indicating that the licensed plumber is willing or prepared to carry out plumbing work or specialised plumbing work or to enter into a contract to carry out that work; or

(b)the owner or occupier of any land, building, vehicle, caravan or vessel—

(i)on or in which the licensed plumber is carrying out plumbing work or specialised plumbing work; or

(ii)in respect of which the licensed plumber has entered into a contract to carry out plumbing work or specialised plumbing work; or

(iii)in respect of which the licensed plumber has made a statement indicating that he or she is willing or prepared to carry out plumbing work or specialised plumbing work or to enter into a contract to carry out that work; or

s. 11

(c)any person authorised in writing for the purpose of this section by—

(i)the Commission; or

(ii)any other body that is responsible for the control of the class or type of plumbing work or specialised plumbing work that the licensed plumber is carrying out.

Penalty:10 penalty units.

221ZFCRegistered plumber to produce certificate of registration for inspection

A registered plumbermust produce his or her certificate of registration for inspection if asked to do so by—

(a)the owner or occupier of any land, building, vehicle, caravan or vessel on or in which the registered plumber is carrying out plumbing work or specialised plumbing work; or

(b)any person authorised in writing for the purpose of this section by—

(i)the Commission; or

(ii)any other body that is responsible for the control of the class or type of plumbing work or specialised plumbing work that the registered plumber is carrying out.

Penalty:10 penalty units.".

12Building practitioner must transfer compliance certificate to owner

s. 12

For section 221ZLA(2) of the Building Act 1993 substitute—

"(2)The building practitioner must give the compliance certificate to the owner of the premises (or to the owner's agent) within 5 days after the day the building practitioner (or the building practitioner's agent) is given the compliance certificate.

Penalty:3 penalty units.".

13Powers of compliance auditors

(1)For section 221ZZZA(1)(a) of the Building Act 1993substitute—

"(a)enter any residence or the land on which a residence is situated—

(i)between the hours of 8 a.m. and 6 p.m.; or

(ii)at any other time with the written consent of the occupier of the residence or land; and".

(2)After section 221ZZZA(1) of the Building Act 1993 insert—

"(1A)A compliance auditor must, before obtaining a consent under subsection (1)(a)(ii), inform the occupier of the residence or land of the compliance auditor's reason for entering the residence or land.".

(3)For section 221ZZZA(2) of the Building Act 1993substitute—

"(2)A compliance auditor must give the occupier (ifany) of a building or land not less than 24hours notice, or such other notice as may be agreed with the occupier, before the compliance auditor enters the building or land under subsection (1)(a)(i) or (1)(b).".

14New Division 10A of Part 12A

s. 14

For section 221ZZZE of the Building Act 1993 substitute—

"Division 10A—Plumbing infringements

221ZZZDA Definitions

In this Division—

authorised officer means—

(a)the Plumbing Industry Commissioner;

(b)a plumbing inspector;

(c)a compliance auditor;

(d)any other person authorised by the regulations made under this Part to issue plumbing infringement notices under this Division;

infringement penalty in relation to an offence, means—

(a)the penalty specified in column 2 of Schedule 5 in respect of the corresponding offence listed in column 1 of that Schedule; or

(b)a penalty prescribed for the purposes of this Division in respect of a prescribed offence;

prescribed offence means—

(a)an offence against a section listed in column 1 of Schedule 5; or

(b)an offence—

(i)against this Part or the regulations made under this Part; and

(ii)which is prescribed for the purposes of this Division.

221ZZZEPlumbing infringement notices

s. 14

(1)An authorised officer may serve a plumbing infringement notice on any person that the authorised officer has reason to believe has committed a prescribed offence.

(2)An offence referred to in subsection (1) for which a plumbing infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.

(3)For the purposes of subsection (1), a plumbing infringement notice must—

(a)be in the form required by the Infringements Act 2006 and state the infringement penalty in respect of the offence; and

(b)include details of the additional steps (ifany) required to expiate the offence.

(4) An infringement penalty prescribed for the purposes of this Division must not exceed 10penalty units.

221ZZZEA Additional steps required by infringement notice

s. 14

(1)Additional steps required to expiate a prescribed offence may include, but are not limited to, the following—

(a)the carrying out of any plumbing work if failure to carry out that work constitutes the offence;

(b)stopping any plumbing work that constitutes the offence;

(c)doing or omitting to do anything in order to remedy a contravention of this Part or the regulations made under this Part.

(2)If a plumbing infringement notice requires additional steps to be taken to expiate a prescribed offence, and, before the end of the remedy period set out in the notice, or if the authorised officer allows, at any time before the service of a summons in respect of the offence, the person served with the notice informs the authorised officer that those steps have been taken—

(a)the authorised officer must, without delay, find out whether or not those steps have been taken; and

(b)serve on the person a notice stating whether or not those steps have been taken.

(3)A statement in a notice under subsection (2) that additional steps have been taken is for all purposes conclusive proof of that fact.

221ZZZEBProceedings where plumbing infringement notice requiring additional steps is served

Nothing in this section prejudices the institution or the prosecution of proceedings for an offence for which a plumbing infringement notice has been served if the notice states that a penalty must be paid and additional steps must be taken to expiate the offence, and—

(a)the amount of the penalty is not paid before the end of the period for payment shown in the notice or of any further period allowed by the authorised officer; or

(b)the person served with the notice does not, before the end of the remedy period shown in the notice or of any further period allowed by the authorised officer, take those additional steps.".

15Grounds on which disciplinary action may be taken

s. 15

In section 221ZZZG(1)(d) of the Building Act 1993,after "Act" insert "or the regulations made under this Part".

16Minister may specify work to be specialised plumbing work

In section 221ZZZU(3) of the Building Act 1993, after "licensed" insert "or registered".

17Additional regulation-making powers under Part12A

s. 17

(1)In section 221ZZZV(1)(a) of the Building Act 1993, after "construction" insert ",products".

(2)After section 221ZZZV(1)(a) of the Building Act 1993 insert—

"(ab)the accreditation, certification or authorisation of materials or products in relation to plumbing work, including the labelling, marking or testing of those materials or products;".

(3)After section 221ZZZV(1)(gb) of the Building Act 1993 insert—

"(gc)prescribing offences against this Part and the regulations made under this Part for the purposes of Division 10A;

(gd)prescribing, for the purposes of Division10A, penalties not exceeding 10penalty units for the offences prescribed under paragraph(gc);".

(4)Section 221ZZZV(2) of the Building Act 1993 is repealed.

18New section 221ZZZW inserted

After section 221ZZZV of the Building Act 1993 insert—

"221ZZZW Incorporation by reference of Plumbing Code of Australia or other document by regulations

Any regulation made under this Part may apply, adopt or incorporate, either wholly or in part and with or without any modification, any matter contained in the Plumbing Code of Australia or any other document—

(a)as in force or as issued, published or made at a particular time; or

(b)as in force or as issued, published orremade from time to time.".

19Power of entry—inspections of buildings or land

s. 19

(1)For section 229(2)(a) of the Building Act 1993 substitute—

"(a)in the case of a residence or the land on which a residence is situated—

(i)between the hours of 8 a.m. and 6 p.m.; or

(ii)at any other time with the written consent of the occupier of the residence or land; and".

(2)After section 229(2) of the Building Act 1993 insert—

"(3)An authorised person must, before obtaining a consent under subsection (2)(a)(ii), inform the occupier of the residence or land of the purpose of the inspection to be carried out at the residence or land.".

20Notice of entry

In section 230 of the Building Act 1993, for "section 229" substitute "section 229(2)(a)(i) or229(2)(b)".

21Expansion of regulation-making powers under section262

In section 262 of the Building Act 1993—

(a)in paragraph (d), after "plumbing work," (where secondly occurring) insert
"or materials or products or classes of materials or products in relation to building work or plumbing work,";

(b)in paragraph (e), after "classes of building work" insert "or any materials or products or classes of materials or products in relation to building work";

s. 22

(c)in paragraph (ea), after "plumbing work" insert "or any materials or products or classes of materials or products in relation to plumbing work".

22Repeal of Act

This Act is repealed on 1 January 2009.

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Building Amendment (Plumbing) Act 2007
No. 31 of 2007

Endnotes

[†] Minister's second reading speech—

Legislative Assembly: 19 April 2007

Legislative Council: 20 June 2007

The long title for the Bill for this Act was "A Bill for an Act to amend the Building Act 1993 to make certain amendments relating to plumbing work and for other purposes."