217Application of Act to the Crown and public authorities

217 Application of Act to the Crown and public authorities S. 217(1) amended by Nos 39/1996 s. 7, 34/1997 s. 19(1), 85/2000 s. 8, 46/2008 s. 248(6), 34/2013 s. 19(5), 21/2017 s. 71. (1) Subject to subsection (2), Parts 2, 3, 4, 5, 7, 9, 10, 11, and 12A, Subdivisions 4, 4A and 4B of Division 2 of Part 12 and this Division— (a) bind the Crown in right of the State of Victoria and, so far as the legislative power of Parliament permits, the Crown in all its other capacities; and (b) apply to a public authority. (2) Section 134 does not apply to the Crown or a public authority unless an occupancy permit or certificate of final inspection is obtained by the Crown or the public authority in respect of the building work concerned. S. 217(2A) inserted by No. 71/1995 s. 20, substituted by No. 34/1997 s. 19(2). (2A) Despite anything to the contrary in this Act, a provision of this Act applies to a lessee or licensee of Crown land even if the provision does not bind the Crown. S. 217(2B) inserted by No. 68/2001 s. 12. (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. (3) If the Crown in any of its capacities or a public authority chooses to proceed under a provision of this Act that would otherwise not be binding on the Crown or public authority, it is bound by— (a) that provision; and (b) any provision of this Act conferring jurisdiction on the Building Appeals Board in respect of that provision; and (c) any other provision of this Act or regulations having effect for the purposes of a provision referred to in paragraph (a) or (b). (4) Nothing in subsections (1) to (3) makes the Crown or a public authority liable for any offence under this Act or the regulations. S. 217(5) substituted by No. 34/1997 s. 19(3). (5) Nothing in subsections (1) to (3) makes the Crown liable to pay any fee or charge except the building permit levy and the fees payable under Part 10. S. 218 repealed by No. 34/1997 s. 20.