210Membership and procedure

210 Membership and procedure (1) The members of the Building Regulations Advisory Committee are to be appointed by the Minister. (2) Of those members— S. 210(2)(a) substituted by No. 34/2013 s. 22(3). (a) one is to be the Chief Commissioner or a Commissioner nominated by the Chief Commissioner, who is to be chairperson of the Committee; S. 210(2)(b) amended by No. 101/1994 s. 64. (b) one is to be nominated by the Minister administering Part 4 of the **Project Development and Construction Management Act 1994**; S. 210(2)(c) amended by No. 20/2019 s. 147. (c) one is to be nominated by the Minister administering the **Country Fire Authority Act 1958** and the Minister administering the **Fire Rescue Victoria Act 1958**; (d) one is to be nominated by the Melbourne City Council and is to be a person who, in the Minister's opinion, has experience in matters provided for by this Act or the regulations; (e) one is to be chosen from a list of 3 names submitted by the Royal Australian Institute of Architects, Victorian Chapter; (f) one is to be chosen from a list of 3 names submitted by the Institution of Engineers, Australia, Victoria Division; (g) one is to be chosen from a list of 3 names submitted by the Master Builders Association of Victoria; S. 210(2)(h) amended by No. 34/1997 s. 30(a). (h) one is to be chosen from a list of 3 names submitted by the Housing Industry Association, Victoria/Tasmania Division; S. 210(2)(i) amended by No. 34/1997 s. 18. (i) one is to be chosen from a list of 3 names submitted by the Property Council of Australia, Victoria Division; (j) one is to be chosen from a list of 3 names submitted by the Municipal Association of Victoria; S. 210(2)(ja) inserted by No. 3/2020 s. 28. amended by No. 43/2024 s. 34. (ja) one is to be nominated by Design Matters National Limited ACN 648 330 796; (k) two are to be chosen from a list of 6 names submitted by the Australian Institute of Building Surveyors, Victorian Chapter; S. 210(2)(l) inserted by No. 71/1995 s. 19(1), amended by No. 68/2001 s. 8(4)(a). (l) one is to be a person who in the Minister's opinion, has experience in the building industry or in matters related to that industry; S. 210(2)(m) inserted by No. 68/2001 s. 8(4)(b), substituted by No. 18/2005 s. 18(Sch. 1 item 10.4), amended by No. 17/2014 s. 160(Sch. 2 item 11). (m) at least one is to be an Australian lawyer of at least 5 years' standing; S. 210(2)(n) inserted by No. 68/2001 s. 8(4)(b), substituted by No. 11/2023 s. 27. (n) one is to be the Building Monitor or a person nominated by the Building Monitor to represent the Building Monitor and who must be employed by the Secretary to the Department. S. 210(2A) inserted by No. 34/2013 s. 22(4). (2A) For the purposes of subsection (2)(a), the Chief Commissioner may nominate a Commissioner to act in the place of the Chief Commissioner in his or her absence. (3) If there is or there is to be a vacancy in the membership of the Building Regulations Advisory Committee under subsection (2)(b) to (k), the Minister may, as appropriate, request the relevant Minister to make a nomination for appointment or the relevant organisation to submit a list of names within a period specified in the request. (4) The Minister may appoint an otherwise eligible person to be a member of the Committee without a nomination or list of names, if that request is not complied with. (5) Parts 1 and 2 (except for clause 8) of Schedule 3 apply to the membership and procedure of the Building Regulations Advisory Committee in the same way as they apply to a Board.