221ZHow long licensing and registration last

221Z How long licensing and registration last S. 221Z(1) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 53). (1) A person who is licensed to carry out a particular class of plumbing work or specialised plumbing work remains licensed to carry out that work for one year (or any lesser period specified by the Authority). S. 221Z(2) amended by Nos 31/2007 s. 10, 36/2008 s. 20, 34/2013 s. 34(Sch. 1 item 53). (2) A person who is registered to carry out a particular class of plumbing work or specialised plumbing work remains registered to carry out that work for 3 years (or any lesser period specified by the Authority). (3) However, if a licensed or registered plumber is licensed or registered to carry out a second or subsequent class of plumbing work or specialised plumbing work, he or she only remains licensed or registered to carry out that latter form of plumbing work until his or her original licence or registration expires. (4) The Registrar must ensure that the fee payable in respect of— (a) a licence that is to remain in force for less than one year; or (b) registration that is to remain in force for less than 3 years— is reduced to take account of the shorter period for which that licensing or registration is to remain in force. S. 221Z(5) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 53). (5) Subsections (1), (2) and (3) do not apply if the Authority suspends or cancels a person's licence or registration under this Part. S. 221ZA (Heading) inserted by No. 34/2013 s. 34(Sch. 1 item 54). S. 221ZA inserted by No. 39/1996 s. 5, amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 55). 221ZA Plumbers must notify Authority of change of contact details A licensed or registered plumber must notify the Authority in writing if he or she changes his or her residential or business address or has his or her business telephone number changed, and must do so within 14 days of the change. 1. 5 penalty units. S. 221ZB inserted by No. 39/1996 s. 5. 221ZB Application for renewal of licence or registration as a plumber S. 221ZB(1) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 56). (1) A plumber wishing to renew his or her licence or registration must apply to the Authority for the renewal at least 2 months before the licence or registration expires. (2) The application for renewal must— S. 221ZB(2)(a) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 56). (a) be in the form required by the Authority; and S. 221ZB(2)(b) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 56). (b) contain the information required by the Authority to enable it to decide whether to grant the renewal. S. 221ZB(3) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 56), 43/2024 s. 13(1). (3) In the case of an application for the renewal of a licence, the person applying must also include written proof to the Authority that the person will be covered by the required insurance until the next anniversary of the person's licensing or, subject to such conditions as the Authority may impose, any lesser period approved by the Authority under subsection (6A). S. 221ZB(4) inserted by No. 75/1998 s. 9(2), amended by No. 34/2013 s. 34(Sch. 1 item 56). (4) If required by the Authority, an application for renewal must also be accompanied by a photograph of the plumber that is of the size and in the form specified by the Authority. S. 221ZB(5) inserted by No. 36/2008 s. 19(2), amended by No. 34/2013 s. 34(Sch. 1 item 56). (5) The Authority may use the photograph provided for the purposes of identification of the plumber and for inclusion in the plumber's renewed licence or registration document. S. 221ZB(6) inserted by No. 1/2023 s. 11, substituted by No. 43/2024 s. 13(2). (6) A person who has automatic deemed registration to carry out an activity that may be carried out under a licence under this Part, on or before the day of each anniversary of the commencement of the person's automatic deemed registration or the day of the expiry of any lesser period approved by the Authority under section 221T(6A), must give to the Authority written proof that until the next anniversary of that day or the expiry of any lesser period approved by the Authority under subsection (6A), the person will be covered by the required insurance for the licence. S. 221ZB(6A) inserted by No. 43/2024 s. 12(2). (6A) For the purposes of subsection (3) or (6), the Authority may approve a lesser period. S. 221ZB(7) inserted by No. 1/2023 s. 11. (7) If a person is required under this section to provide written proof to the Authority that the person is covered by required insurance, the person must ensure that the written proof is accompanied by the prescribed fee for examination of the written proof by the Authority. S. 221ZC (Heading) inserted by No. 34/2013 s. 34(Sch. 1 item 57). S. 221ZC inserted by No. 39/1996 s. 5. 221ZC Authority may require further information S. 221ZC(1) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 58). (1) The Authority may ask a person applying to have his or her licence or registration renewed for more information concerning the application if it is reasonably necessary to help it to decide whether to grant the application. S. 221ZC(2) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 58). (2) The Authority may refuse to renew a person's licence or registration if he or she does not give it the extra information asked for before the licence or registration expires. S. 221ZD inserted by No. 39/1996 s. 5. 221ZD Renewal of licence or registration S. 221ZD(1) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 59). (1) The Authority must renew the licence or registration of a person to carry out a particular class of plumbing work or specialised plumbing work or to carry out a particular type of plumbing work if the person applies for the renewal in accordance with section 221ZB. S. 221ZD(2) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 59). (2) However, the Authority may refuse to renew the licence or registration of a person who has, since he or she was last licensed or registered by the Authority— (a) been convicted of any offence involving fraud, dishonesty, drug trafficking or violence that was punishable by imprisonment for 6 months or more; or (b) been convicted of an offence under any law regulating plumbing work or specialised plumbing work; or (c) had his or her authorisation to carry out plumbing work or specialised plumbing work suspended or cancelled for any reason other than his or her failure to renew that authorisation; or (d) become an insolvent under administration; or S. 221ZD(2)(e) amended by No. 17/1999 s. 22(6), substituted by No. 72/2010 s. 48(Sch. item 2(4)). (e) has been convicted of an offence against— (i) section 12, 16, 17, 18, 20 or 22 of the **Fair Trading Act 1985**; or (ii) section 10, 11, 12, 17, 19 or 21 of the **Fair Trading Act 1999**; or (iii) section 53, 55, 55A, 56, 58 or 60 of the Trade Practices Act 1974 of the Commonwealth; or S. 221ZD(2) (e)(iv) amended by No. 21/2012 s. 239(Sch. 6 item 5.4). (iv) section 29, 33, 34, 35, 36, 50, 151, 157, 158 or 168 of the Australian Consumer Law (Victoria); S. 221ZD(2) (e)(v) inserted by No. 21/2012 s. 239(Sch. 6 item 5.5). (v) section 29, 33, 34, 35, 36, 50, 151, 157, 158 or 168 of Schedule 2 to the Competition and Consumer Act 2010 of the Commonwealth. S. 221ZD(2A) inserted by No. 46/2018 s. 59. (2A) Despite subsection (1), the Authority may refuse to renew the licence or the registration of a person if the Authority is satisfied that the person has not complied with any prescribed continuing professional development requirements. S. 221ZD(3) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 59). (3) Despite subsection (1), the Authority must refuse to renew the licence or registration of a person who is for the time being disqualified by an order of any regulatory body from acting as a licensed or registered plumber (or an equivalent occupation under the jurisdiction of the regulatory body). (4) Subsections (2) and (3) apply regardless of where the conviction, suspension, cancellation, insolvency or disqualification occurred. S. 221ZD(5) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 59). (5) Despite subsection (1), before renewing the licence or registration of a person, the Authority may require the person to pass to its satisfaction any examination specified by the Authority that relates to his or her competency to carry out the class of plumbing work or specialised plumbing work in respect of which he or she is licensed or registered. S. 221ZD(6) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 59). (6) However, the Authority may only require a person to pass such an examination if it imposes the same requirement on every member of a specified class of people applying for the renewal of their licences or registrations, and the person is a member of that class. S. 221ZD(7) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 59). (7) On receiving the relevant renewal fee set out in the regulations, the Registrar must give each person whose licence or registration has been renewed by the Authority proof in writing of that fact. S. 221ZE (Heading) inserted by No. 34/2013 s. 34(Sch. 1 item 60). S. 221ZE inserted by No. 39/1996 s. 5. 221ZE Authority may permit late renewals S. 221ZE(1) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 61). (1) The Authority may renew the licence or registration of a person even though the person did not apply for the renewal within the time required by section 221ZB(1). S. 221ZE(2) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 61). (2) However, the Authority may only do this if— (a) the person pays the late renewal fee required by the regulations; and (b) in a case where the licence or registration has expired, it is satisfied that the person did not carry out any plumbing work or specialised plumbing work after the expiry of the person's licence or registration. S. 221ZF inserted by No. 39/1996 s. 5. 221ZF Information to be given to unsuccessful applicants S. 221ZF(1) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 62). (1) If the Authority refuses to license or register a person or to renew a person's licence or registration, the Authority must notify the person in writing of the refusal as soon as possible after the refusal. S. 221ZF(2) amended by Nos 28/2000 s. 20(a), 34/2013 s. 34(Sch. 1 item 63). (2) The notice of refusal must set out the Authority's reasons for refusing the application and must contain a copy of section 221ZZZP. S. 221ZFA (Heading) amended by No. 36/2008 s. 18(6)(a). S. 221ZFA inserted by No. 31/2007 s. 11. 221ZFA Licence and registration document to be returned to Registrar S. 221ZFA(1) amended by No. 36/2008 s. 18(6)(b). (1) The Registrar may ask a person who holds a licence or registration document for the return of that licence or registration document— S. 221ZFA (1)(a) amended by No. 36/2008 s. 18(6)(c). (a) for the purpose of altering the details on the licence or registration document; or (b) for any purpose permitted by this Act. S. 221ZFA(2) amended by No. 36/2008 s. 18(6)(b). (2) A person who holds a licence or registration document must return it to the Registrar as soon as is practicable after being asked to do so by the Registrar under subsection (1). S. 221ZFB inserted by No. 31/2007 s. 11, amended by No. 1/2023 s. 12 (ILA s. 39B(1)). 221ZFB Licensed plumber to produce licence for inspection (1) A licensed plumber must 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 (c) any person authorised in writing for the purpose of this section by— S. 221ZFB (1)(c)(i) amended by No. 34/2013 s. 34(Sch. 1 item 64). (i) the Authority; 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. S. 221ZFB(2) inserted by No. 1/2023 s. 12. ***licence*** includes, in the case of a person who has automatic deemed registration as a licensed plumber, evidence of the person's home State registration. S. 221ZFC (Heading) amended by No. 36/2008 s. 18(2). S. 221ZFC inserted by No. 31/2007 s. 11, amended by No. 36/2008 s. 18(2). 221ZFC Registered plumber to produce registration document for inspection A registered plumber must produce his or her registration document 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— S. 221ZFC (b)(i) amended by No. 34/2013 s. 34(Sch. 1 item 65). (i) the Authority; 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. Pt 12A Div. 3A (Heading and ss 221ZFD–221ZFG) inserted by No. 43/2025 s. 67. Division 3A—Codes of conduct for plumbers S. 221ZFD inserted by No. 43/2025 s. 67. 221ZFD Authority may approve code of conduct for plumbers (1) The Authority may approve a code of conduct for licensed or registered plumbers in accordance with this Division. (2) A code of conduct may make different provision for— (a) licensed or registered plumbers; and (b) different classes or types of plumbing work or specialised plumbing work. S. 221ZFE inserted by No. 43/2025 s. 67. 221ZFE Code of conduct prepared by Authority or industry (1) A code of conduct may be— (a) a code of conduct prepared by the Authority; or (b) a code of conduct prepared and submitted to the Authority by an organisation representing plumbers. (2) In preparing a code of conduct under subsection (1)(a), the Authority— (a) must consult with any prescribed organisation representing plumbers; and (3) The Authority may make changes to a code of conduct submitted to the Authority under subsection (1)(b). (4) Before making changes to a code of conduct under subsection (3), the Authority— (a) must consult with the organisation that submitted the code of conduct; and S. 221ZFF inserted by No. 43/2025 s. 67. 221ZFF Code of conduct must be published (1) A code of conduct must be published in the Government Gazette. (2) A code of conduct comes into operation on the later of— (a) the day on which the code of conduct is published in the Government Gazette; or (b) a later day specified in the code of conduct. S. 221ZFG inserted by No. 43/2025 s. 67. 221ZFG Licensed and registered plumbers must comply with approved code of conduct A licensed or registered plumber must comply with any approved code of conduct that is applicable to the licensed or registered plumber's licence or registration. Division 4—Compliance certificates S. 221ZG inserted by No. 39/1996 s. 5, amended by Nos 99/1997 s. 121(5), 91/1998 s. 35. 221ZG This Division does not apply to complex gasfitting work Nothing in this Division applies to gasfitting work on a complex gas installation (as defined in the **Gas Safety Act 1997**). References to "plumbing work" in this Division are to be read as references to all plumbing work other than that work. S. 221ZH inserted by No. 39/1996 s. 5. 221ZH Compliance certificate must be given for most plumbing work (1) This section only applies to the following plumbing work— (a) any plumbing work that has a total value of $500 or more (or any higher amount fixed by the regulations); and S. 221ZH(1)(b) substituted by No. 75/1998 s. 10(1). (b) the installation, relocation or replacement of any gas-using appliance; and S. 221ZH(1) (ba) inserted by No. 75/1998 s. 10(1). (ba) the conversion of a gas-using appliance for use with a different gaseous fuel; and S. 221ZH(1) (bb) inserted by No. 75/1998 s. 10(1). (bb) the installation, modification or relocation of consumer gas piping (other than work that is carried out on consumer gas piping by, or on behalf of, a gas company and that is incidental to the modification of the gas company's assets under the provisions of an accepted safety case under the **Gas Safety Act 1997**); and S. 221ZH(1)(c) amended by No. 85/2000 s. 9. (c) the construction, installation or alteration of any below ground sanitary drain or associated gullies; and S. 221ZH(1)(d) inserted by No. 85/2000 s. 9. (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). S. 221ZH(2) amended by No. 33/2010 s. 41. (2) Within 5 days of the completion of any plumbing work to which this section applies that he or she has carried out or supervised, a licensed plumber must— (a) give the person for whom the work was carried out a signed compliance certificate in respect of the work; and S. 221ZH(2)(b) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 66). (b) notify the Authority, in the manner specified by the Authority, that the compliance certificate has been given. S. 221ZH(2A) inserted by No. 36/2008 s. 21(1). (2A) A person for whom plumbing work to which this section applies has been carried out may, by notice served on the licensed plumber, request the licensed plumber to give the person a signed compliance certificate for the work carried out or supervised by the plumber— (a) if the plumber has not completed the work that the plumber was engaged to carry out; and (b) the person believes on reasonable grounds that the plumber will not complete the plumbing work. S. 221ZH(2B) inserted by No. 36/2008 s. 21(1), amended by No. 33/2010 s. 41. (2B) Within 5 days of service of a notice under subsection (2A), a licensed plumber must— (a) give the person for whom the work was carried out a signed compliance certificate in respect of the work; and S. 221ZH (2B)(b) amended by No. 34/2013 s. 34(Sch. 1 item 66). (b) notify the Authority, in the manner specified by the Authority, that the compliance certificate has been given. S. 221ZH(3) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 66). (3) A document is not a compliance certificate unless the certificate form used is a form that has been supplied by the Authority or a person authorised by the Authority. S. 221ZH(4) inserted by No. 75/1998 s. 10(2), substituted by No. 36/2008 s. 21(2). (4) For the purposes of this section plumbing work is completed by a licensed plumber when whichever of the following first occurs— (a) the plumber completes the whole of the plumbing work that he or she was engaged to carry out in accordance with the relevant plumbing laws; (b) the whole of the plumbing work that the plumber was engaged to carry out is capable of being used in accordance with the relevant plumbing laws. S. 221ZH(5) inserted by No. 75/1998 s. 10(2), amended by No. 36/2008 s. 21(3). (5) If a plumber carries out or supervises any plumbing work to which subsection (1)(b), (ba) or (bb) applies, for the purposes of subsection (2) or (2B) he or she must give a separate compliance certificate in respect of the work for each separately metered premises on or at which the work is carried out, even if all of the work was carried out or supervised by the plumber for the same person under a contract. S. 221ZH(6) inserted by No. 96/2004 s. 15. (6) If a licensed plumber gives a person a signed compliance certificate, but fails to do so within 5 days after the completion of the relevant work, or fails to comply with subsection (2)(b), the failure to comply with subsection (2) does not affect the validity of the certificate. S. 221ZH(6A) inserted by No. 36/2008 s. 21(4). (6A) If a licensed plumber gives a person a signed compliance certificate, but fails to do so within 5 days after the service of a notice under subsection (2A), or fails to comply with subsection (2B)(b), the failure to comply with subsection (2B) does not affect the validity of the certificate. S. 221ZH(7) inserted by No. 96/2004 s. 15. (7) Subsection (6) applies regardless of whether the compliance certificate was given before, on or after the day subsection (6) took effect. S. 221ZH(8) inserted by No. 43/2024 s. 16. (8) If a licensed plumber gives a person a signed compliance certificate that is not for the kind and value of the plumbing work carried out by the plumber for the person, the validity of the compliance certificate is not affected. S. 221ZH(9) inserted by No. 43/2024 s. 16. (9) If a licensed plumber gives a person a signed compliance certificate that has been prepared using an expired compliance certificate form, the validity of the compliance certificate is not affected. S. 221ZI (Heading) amended by No. 43/2024 s. 17(1). S. 221ZI inserted by No. 39/1996 s. 5, amended by No. 75/1998 s. 11(2) (ILA s. 39B(1)). 221ZI Details that must appear on a compliance certificate form S. 221ZI(1) amended by Nos 33/2010 s. 42, 43/2024 s. 17(2). (1) A licensed plumber must not sign a compliance certificate form in relation to any plumbing work unless the certificate— (a) describes the work; and S. 221ZI(1)(b) substituted by No. 75/1998 s. 11(1). (b) states— (i) that he or she carried out the work, or that the work was carried out under his or her supervision; or S. 221ZI (1)(b)(ii) amended by No. 36/2008 s. 22. (ii) if he or she completed work that had been started by another licensed plumber and in respect of which a compliance certificate has not been given to the person for whom that work was carried out, that he or she— (A) has inspected or tested the work that was carried out before he or she carried out any work; and (B) carried out any work that was required to complete the plumbing work or that that completion work was carried out under his or her supervision; and (c) states that the work complies with any particular requirements specified in the certificate; and (d) states that the work complies with the plumbing laws; and (e) contains any other details in relation to the work required by the certificate form. S. 221ZI(2) inserted by No. 75/1998 s. 11(2), amended by No. 33/2010 s. 42. (2) A licensed plumber must not state under subsection (1)(b) that work was carried out under his or her supervision unless the person who carried out the work was authorised to carry out the work under this Part. S. 221ZJ inserted by No. 39/1996 s. 5, amended by No. 43/2024 s. 18. 221ZJ Details on certificates must be accurate A licensed plumber must not sign a compliance certificate form in relation to any plumbing work if the plumber knows, or ought reasonably to know, that the certificate contains any misstatement of fact. S. 221ZK inserted by No. 39/1996 s. 5. 221ZK Only licensed plumbers may sign certificates A person must not— S. 221ZK(a) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 67). (a) sign a compliance certificate form issued by, or on behalf of, the Authority unless he or she is a licensed plumber; or S. 221ZK(b) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 67). (b) sign a document that has not been issued by, or on behalf of, the Authority and that purports to be a compliance certificate. S. 221ZKA (Heading) amended by No. 34/2013 s. 34(Sch. 1 item 68). S. 221ZKA inserted by No. 96/2004 s. 16. 221ZKA Issue of certificates by the Authority S. 221ZKA(1) amended by Nos 34/2013 s. 34(Sch. 1 item 69), 43/2024 s. 19(1). (1) The Authority may authorise a person to sign a compliance certificate form and issue the compliance certificate on its behalf if plumbing work in respect of which a compliance certificate must be issued under section 221ZH is completed and the licensed plumber who carried out the work— (a) did not issue a certificate in respect of the work, and is dead or cannot be located after reasonable enquiries have been made; or (b) is under a physical or legal disability that prevents him or her from issuing a certificate in respect of the work. (2) A person who requests a compliance certificate under this section is liable to pay— (a) any fee or fees specified by the regulations for the purposes of this section; and (2)(b) amended by No. 34/2013 s. 34(Sch. 1 item 69). (b) any costs incurred by or on behalf of the Authority to enable the certificate to be issued and signed. (3) Subsection (2) applies even if a certificate is not ultimately issued and signed under this section. (4) For the purposes of this section, section 221ZI(1) applies as if— (4)(a) amended by Nos 34/2013 s. 34(Sch. 1 item 69), 43/2024 s. 19(2). (a) a reference to a licensed plumber was a reference to the person authorised by the Authority to sign the compliance certificate form; and (4)(b) amended by No. 34/2013 s. 34(Sch. 1 item 69). (b) there were substituted for paragraph (b) the following paragraph— "(b) states that he or she has inspected or tested the work as far as is practicable and that he or she is authorised by the Authority to issue compliance certificates under section 221ZKA; and". S. 221ZKA(5) amended by No. 43/2024 s. 19(3). (5) Section 221ZK(a) does not apply to the signing of a compliance certificate form by a person who has been authorised to sign the compliance certificate form under this section. (6) A certificate that is issued under this section is to be treated as if it had been issued in accordance with section 221ZH. S. 221ZL inserted by No. 39/1996 s. 5. 221ZL Meaning of the total value of plumbing work For the purposes of this Division, the total value of plumbing work is the sum of— (a) the cost of any materials used in the work (even if the materials were not supplied by the person carrying out the work); and (b) if the work involves the installation of any thing, the cost of the thing (even if the thing was not supplied by the person carrying out the work); and (c) the cost of the labour involved in the work. S. 221ZLA inserted by No. 75/1998 s. 12. 221ZLA Building practitioner must transfer compliance certificate to owner (a) a licensed plumber carries out any plumbing work to which section 221ZH applies for a building practitioner in or on any premises that the building practitioner does not own; and (b) the plumber gives the building practitioner (or an agent of the building practitioner) the compliance certificate in respect of the work. S. 221ZLA(2) amended by No. 96/2004 s. 18, substituted by No. 31/2007 s. 12. (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. 1. 3 penalty units. S. 221ZLB inserted by No. 96/2004 s. 17. 221ZLB Other people must also transfer compliance certificate to owner (a) a licensed plumber carries out any plumbing work to which section 221ZH applies for a person other than a building practitioner in or on any premises that the person does not own; and (b) the plumber gives the person (or an agent of the person) the compliance certificate in respect of the work. (2) The person must give the compliance certificate to the owner of the premises (or to the owner's agent) within 5 days after the day the person (or the person's agent) is given the compliance certificate. 1. 3 penalty units. S. 221ZM inserted by No. 39/1996 s. 5. 221ZM Copies of certificates must be kept for 10 years A person must keep for at least 10 years a copy of every compliance certificate signed by him or her. S. 221ZN inserted by No. 39/1996 s. 5. 221ZN Provisions concerning the supply of certificate forms S. 221ZN(1) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 70). (1) The Authority may sell compliance certificate forms to licensed plumbers. S. 221ZN(1A) inserted by No. 43/2024 s. 20(1). (1A) Subject to section 221ZNA, a compliance certificate form expires 12 months after the day on which the compliance certificate form is purchased by a licensed plumber or a person authorised to purchase the compliance certificate form on the plumber's behalf. S. 221ZN(2) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 70). (2) The Authority may authorise a person to sell compliance certificate forms to licensed plumbers. S. 221ZN(3) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 70). (3) In authorising a person, the Authority may impose any conditions on its authorisation that it thinks appropriate, and may change any such condition at any time. S. 221ZN(4) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 70). (4) A person authorised by the Authority to sell compliance certificate forms— (a) must not sell or give a compliance certificate form to a person who is not a licensed plumber; and S. 221ZN(4)(b) substituted by No. 43/2024 s. 20(2). (b) must not sell a compliance certificate form for a kind and value of plumbing work to a licensed plumber at a price that differs from the price prescribed under subsection (5) for a compliance certificate form for that kind and value of plumbing work; and S. 221ZN(4)(c) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 70). (c) must comply with any condition imposed by the Authority in granting its authorisation. S. 221ZN(5) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 70), substituted by No. 43/2024 s. 20(3). (5) The Authority must not sell a compliance certificate form for a kind and value of plumbing work to a licensed plumber at a price that differs from the amount specified in the regulations for a compliance certificate form for that kind and value of plumbing work. (6) A licensed plumber may authorise a person in writing to buy compliance certificate forms on the plumber's behalf. (7) A licensed plumber must ensure that only one person has such an authority at any one time. 1. 5 penalty units. (8) A reference to a licensed plumber in subsections (1) to (5) includes a reference to any person duly authorised by a licensed plumber under subsection (6). S. 221ZNA inserted by No. 43/2024 s. 21. 221ZNA Authority may extend expiry date of compliance certificate form (1) The Authority, on one or more occasion, may extend the expiry date of a compliance certificate form held by a licensed plumber for up to 12 months after the day on which the compliance certificate form expires if— (a) the licensed plumber gives a written request to the Authority no less than 2 weeks before the expiry date of the compliance certificate form; and (b) the licensed plumber sets out in the request the reasons for requesting the extension to the expiry date of the compliance certificate form; and (c) the Authority is satisfied that reasonable grounds exist for extending the expiry date of the compliance certificate form. (2) The Authority, on one or more occasion, may extend the expiry date of a compliance certificate form, or a compliance certificate form in a class of compliance certificate form, held by a licenced plumber, or a licensed plumber in a class of licensed plumber, for up to 12 months after the day on which the compliance certificate form expires, if the Authority is of the opinion that there are circumstances that warrant that extension. S. 221ZNB inserted by No. 43/2024 s. 21. 221ZNB Offences relating to use of compliance certificates (1) A licensed plumber must not give a signed compliance certificate under section 221ZH to a person for whom the plumber has carried out plumbing work if the compliance certificate is not for the kind and value of that plumbing work. (2) A licensed plumber must not give a person, for whom the plumber has carried out plumbing work, a signed compliance certificate under section 221ZH if the compliance certificate has been prepared using an expired compliance certificate form. S. 221ZO inserted by No. 39/1996 s. 5, amended by No. 96/2004 s. 19(1)(b). 221ZO Further obligation for compliance certificates for sanitary drains (1) This section applies if a licensed plumber constructs, installs or alters any sanitary drain. S. 221ZO(2) amended by No. 33/2010 s. 43. (2) If required by a water authority to give the authority a plan of the sanitary drain as it appears after the work is completed, the licensed plumber must— S. 221ZO(2)(a) amended by No. 96/2004 s. 19(1)(a). (a) give the plan to the authority before the compliance certificate is signed; and (b) indicate on the compliance certificate that the plan has been given to the authority. Division 5—Provisions applying to particular plumbing work S. 221ZP inserted by No. 39/1996 s. 5. 221ZP Sanitary drainage and other work must be made available for inspection before being covered (1) This section applies if a licensed plumber— (a) constructs, installs or alters any below ground sanitary drain or associated gullies, or supervises any such work; or (b) carries out any other plumbing work that the regulations state is work to which this section applies. (2) The plumber must not cover any pipes or pipework involved in the work unless— S. 221ZP(2)(a) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 71). (a) he or she has advised the Authority in the manner specified by the Authority of the time at which the work will be ready for inspection; and S. 221ZP(2) (b)(i) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 71). (i) a person authorised by the Authority has inspected the work and authorised the plumber to cover the work; or S. 221ZP(2) (b)(ii) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 71). (ii) no person authorised by the Authority arrives to inspect the work and at least half an hour has elapsed since the time referred to in paragraph (a). S. 221ZP(3) amended by No. 75/1998 s. 5(b), substituted by No. 75/1998 s. 13. (3) Unless he or she has a reasonable excuse for not doing so, the plumber— S. 221ZP(3)(a) amended by No. 34/2013 s. 34(Sch. 1 item 71). (a) must ensure that the work is ready to be inspected at the time given to the Authority under subsection (2)(a); and (b) must be present at that time at the place where the work was carried out. S. 221ZPA inserted by No. 75/1998 s. 14. 221ZPA Information to be provided before work starts (1) Before a licensed or registered plumber starts any plumbing work at a premises, he or she must give the person who commissioned the work a document that sets out the plumber's name, licence or registration number, and business address. (2) If the plumbing work is work for which section 221ZH requires the issue of a compliance certificate, the plumber must at the same time also give the person a document that contains a brief description of the required insurance that applies to the work. S. 221ZPA(3) amended by No. 34/2013 s. 34(Sch. 1 item 72). (3) The description required by subsection (2) must be in a form approved by the Authority. Division 6—Insurance orders S. 221ZQ inserted by No. 39/1996 s. 5. 221ZQ Order requiring insurance (1) The Minister may, by order published in the Government Gazette— (a) require licensed plumbers to be covered by insurance; and (b) specify the kinds and amount of insurance by which licensed plumbers are required to be covered. (2) An order— (a) must state the date on which it is to take effect, which must be a date that is not earlier than 21 days after the date it is published in the Government Gazette; (b) may impose different requirements for different classes of licensed plumbers. (3) The Minister may, in a particular case, vary any excess specified in an order if the Minister is satisfied that it is appropriate to do so. S. 221ZQ(4) substituted by No. 66/2004 s. 14. (4) The Minister may, by order published in the Government Gazette, amend or revoke an order made under subsection (1). (5) For the purposes of this Part, a person is covered by the required insurance if— (a) the person holds the required insurance; or (b) the work carried out by or on behalf of the person is covered by the required insurance; or (c) the person is not a party to the required insurance but is specified or referred to in the insurance, whether by name or otherwise, as a person to whom the insurance cover extends. S. 221ZQ(5A) inserted by No. 34/1997 s. 21. (5A) The order of the Minister under this section published in the Government Gazette on 28 February 1997 is revoked and is deemed never to have been made. S. 221ZQ(5B) inserted by No. 34/1997 s. 21. (5B) The order of the Minister under this section published in the Government Gazette on 6 May 1997 is deemed to have been made under this section on 28 February 1997 and to have taken effect on 24 March 1997, despite anything to the contrary in this section or in the order. S. 221ZQ(5C) inserted by No. 34/1997 s. 21. (5C) Any reference in any document (other than this Act) to the order of the Minister under this section published in the Government Gazette on 28 February 1997 is deemed to be a reference to the order referred to in subsection (5B), unless a contrary intention expressly appears. (6) In this section ***insurance*** includes— (a) professional indemnity insurance; (b) a performance bond; (c) a guarantee; (d) an indemnity; (e) public liability insurance; (f) insurance relating to a particular project; (g) insurance taken out by any body or person that relates to the work of a licensed plumber; (h) any agreement or instrument in the nature of an item set out in paragraphs (a) to (g). S. 221ZR inserted by No. 39/1996 s. 5, amended by No. 33/2010 s. 44. 221ZR Offence to work as plumber without required insurance A licensed plumber must not carry out any plumbing work unless he or she is covered by the required insurance. S. 221ZS inserted by No. 39/1996 s. 5, amended by No. 33/2010 s. 45. 221ZS Offence to claim to be insured when uninsured A person who carries out, or offers to carry out, any plumbing work and who is not covered by the required insurance must not hold himself or herself out as being covered by that insurance. S. 221ZT inserted by No. 39/1996 s. 5, amended by No. 17/1999 s. 22(8) (ILA s. 39B(1)). 221ZT Further provisions concerning required insurance (1) Without limiting section 221ZQ, if an order under that section requires a licensed plumber to be covered by insurance relating to the carrying out of plumbing work, the insurance required by the order may, subject to any exemptions or exclusions set out in the order, relate to losses resulting from— (a) non-completion of the work; (b) defective work; S. 221ZT(1)(c) amended by Nos 17/1999 s. 22(7), 72/2010 s. 48(Sch. item 2(5)). (c) conduct by the plumber in connection with the contract for that work that contravenes section 18, 29, 34 or 151, or Subdivision B of Division 1 of Part 3-2, of the Australian Consumer Law (Victoria). S. 221ZT(2) inserted by No. 17/1999 s. 22(8), substituted by No. 72/2010 s. 48(Sch. item 2(6)). (2) A reference— (a) in any order made under section 221ZQ; or (b) in any instrument or agreement which is required insurance (within the meaning of section 221B(1))— to "section 9, 11 or 12 of the **Fair Trading Act 1999**" is, to the extent that it relates to any period on or after the commencement of section 8 of the **Fair Trading Amendment (Australian Consumer Law) Act 2010**, taken to include a reference to "section 18, 29, 34 or 151 of the Australian Consumer Law (Victoria)". S. 221ZU inserted by No. 39/1996 s. 5. 221ZU Suspension of licence if insurance ceases S. 221ZU(1) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 73). (1) The Authority must suspend the licence of a licensed plumber if it becomes aware that he or she has ceased to be covered by the required insurance. S. 221ZU(2) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 73). (2) If the Authority suspends a person's licence under subsection (1), it must give him or her written notice of the suspension. S. 221ZU(3) amended by Nos 75/1998 s. 5(b), 36/2008 s. 23, 34/2013 s. 34(Sch. 1 item 73). (3) A suspension imposed under this section lasts until the person suspended gives the Authority written proof that he or she is covered by the required insurance for the remaining period of the licence. When that proof is given, the Authority must revoke the suspension. S. 221ZU(4) inserted by No. 1/2023 s. 19. (4) The suspended person must ensure that the written proof is accompanied by the prescribed fee for the examination of the written proof by the Authority. S. 221ZV inserted by No. 39/1996 s. 5. 221ZV Suspension of licence where failure to comply with insurer's direction S. 221ZV(1) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 74). (1) An insurer may apply to the Authority for the suspension of the licence of a licensed plumber on the ground of a failure by the plumber to comply with a reasonable direction of the insurer in respect of the completion or rectification of defective plumbing work or any payment to be made to the insurer in respect of the completion or rectification of defective plumbing work in accordance with the required insurance. (2) An application must— (b) set out the terms of the direction to be complied with. S. 221ZV(3) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 74). (3) The Authority must notify a plumber in respect of whom an application is made without delay of the application and advise the plumber— (a) that his or her licence may be suspended at the end of 28 days after the date of the notice unless the plumber complies with the direction; and S. 221ZV(3)(b) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 74). (b) that he or she has a right to be heard by the Authority in respect of the application. S. 221ZV(4) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 74). (4) If a plumber has not complied with the direction within 28 days after the date of the notice, the Authority, after giving the plumber an opportunity to be heard, may suspend the plumber's licence. S. 221ZV(5) amended by Nos 75/1998 s. 5(b), 28/2000 s. 20(b), 34/2013 s. 34(Sch. 1 item 74), 21/2017 s. 98. (5) Clauses 12, 15, 16, 17 and 18(1) of Schedule 3 apply to a proceeding under subsection (4) as if a reference in those clauses to the Building Appeals Board was a reference to the Authority. S. 221ZV(6) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 74). (6) If the Authority suspends a plumber's licence under this section, the suspension lasts until the Authority is satisfied that the plumber has complied with the direction. On being so satisfied, the Authority must revoke the suspension. Division 7—Rectification of defective plumbing work S. 221ZW inserted by No. 39/1996 s. 5. 221ZW Inspector or auditor may require plumber to rectify faulty work (1) This section applies if a plumbing inspector or compliance auditor is of the opinion that particular plumbing work is in breach of any plumbing laws that apply to the work. (2) The inspector or auditor may give the person who carried out the work, or who supervised the carrying out of the work, a written rectification notice requiring the person to rectify the work to make it comply with the plumbing law that the work does not comply with within the time specified by the inspector or auditor. (3) If a certificate of compliance was given with respect to the work, the inspector or auditor may also require the licensed plumber who signed the certificate to produce a new certificate of compliance in respect of the rectified work and to give the inspector or auditor a copy of that new certificate within the time specified by the inspector or auditor. (4) In requiring a copy of a new compliance certificate under subsection (3), the inspector or auditor must allow the licensed plumber a period of at least 10 days after the date of the notice to comply with the requirement. (5) A person— (a) must comply with any requirement made by an inspector or auditor in a rectification notice; and (b) must not ask for, or receive, from the person for whom the work was originally carried out (or any agent of that person) any money in respect of any cost arising from anything the person does in complying with a rectification notice. (6) The inspector or auditor must make it clear in a rectification notice in what way the work that needs rectification is defective. S. 221ZW(7) amended by Nos 28/2000 s. 20(c), 21/2017 s. 96(3)(4). (7) If a person applies to VCAT under section 221ZX to have a rectification notice cancelled, he or she need not comply with the notice until he or she abandons the application or receives written notice that VCAT has affirmed the rectification notice or dismissed the application. (8) For the purposes of subsection (7), if the time specified to comply with a rectification notice is expressed as a date, the time within which the notice must be complied with is the number of days between that date and the date the notice was given to the person. (9) If an inspector or auditor gives a rectification notice to a person before the person produces any compliance certificate that the person is required to produce in respect of particular plumbing work, the person must still produce the compliance certificate once the rectification work has been completed. (10) The inspector or auditor must give a copy of the rectification notice to the person on whose behalf the plumbing work was carried out. S. 221ZW(11) inserted by No. 99/1997 s. 121(7). (11) If the rectification notice relates to gasfitting work, the inspector or auditor must give a copy of the rectification notice to the relevant gas distribution company. S. 221ZX inserted by No. 39/1996 s. 5. 221ZX Right to apply to VCAT to have a rectification notice cancelled S. 221ZX(1) amended by Nos 28/2000 s. 20(c), 21/2017 s. 96(4). (1) A person who has been given a rectification notice may apply to VCAT to have the decision to issue the notice reviewed. (2) Such an application must be made within 5 business days of the date the person receives the notice. S. 221ZY inserted by No. 39/1996 s. 5. 221ZY Plumbing notice to owner/occupier to rectify defective plumbing work (1) This section applies if a plumbing inspector is of the opinion that any plumbing work that has been carried out on any land or in any building— (a) contravenes any plumbing laws; or (b) would contravene any plumbing laws if it were to be used; or (c) may be a danger to the life, safety or health of any person or may pose a risk of damage to any property. (2) The plumbing inspector may give the owner or occupier of the land or building a written notice that requires the owner or occupier to show cause within a specified period why he or she should not ensure that the plumbing work is rectified. S. 221ZY(3) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 75). (3) The notice must be in the form specified by the Authority. S. 221ZZ inserted by No. 39/1996 s. 5. 221ZZ Owner/occupier may dispute a plumbing notice An owner or occupier who has been given a plumbing notice may make representations about any matter set out in the notice to the inspector who signed it in the manner set out in the notice. S. 221ZZA inserted by No. 39/1996 s. 5. 221ZZA Inspector may cancel plumbing notice The plumbing inspector who gave a plumbing notice may cancel it at any time. S. 221ZZB inserted by No. 39/1996 s. 5. 221ZZB Plumbing order to rectify defective plumbing work (1) A plumbing inspector may issue a written order requiring that the owner or occupier of any land or building— (a) rectify any plumbing work that has been carried out on the land or in the building so that it complies with the plumbing laws; or (b) modify any plumbing work that has been carried out on the land or in the building. (2) A plumbing inspector may only issue such an order after— (a) he or she has given the owner or occupier a plumbing notice in respect of the plumbing work; and (b) he or she has considered any representations made by the owner or occupier in response to the plumbing notice within the period permitted by the plumbing notice; and (c) the time permitted by the plumbing notice for the making of representations has passed. (3) The order— (a) must specify the time or times within which it must be complied with (which must be a period of at least 15 business days after it is given to the owner or occupier); and (b) must contain a copy of sections 221ZZC, 221ZZE and 221ZZJ; and S. 221ZZB (3)(c) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 76). (c) must contain any other details required by the Authority. S. 221ZZB(4) inserted by No. 99/1997 s. 121(8). (4) If the order relates to gasfitting work, the plumbing inspector must give a copy of the order to the relevant gas distribution company. S. 221ZZC inserted by No. 39/1996 s. 5. 221ZZC Owner/occupier must comply with plumbing order S. 221ZZC(1) amended by No. 21/2017 s. 95(10). (1) An owner or occupier of any land or building must comply with any requirement set out in a plumbing order that has been given to him or her within the time set out in the order. 120 penalty units, in the case of a body corporate. (2) Subsection (1) does not apply if the owner or occupier has a reasonable excuse for failing to comply with the order. S. 221ZZD inserted by No. 39/1996 s. 5. 221ZZD Inspector may cancel plumbing order The plumbing inspector who gave a plumbing order may cancel it at any time. S. 221ZZE inserted by No. 39/1996 s. 5. 221ZZE Right to apply to the VCAT to have a plumbing order cancelled S. 221ZZE(1) amended by Nos 28/2000 s. 20(c), 21/2017 s. 96(4). (1) A person who has been given a plumbing order may apply to VCAT to have the decision to issue the order reviewed. (2) Such an application must be made within 15 business days of the date the person receives the order. S. 221ZZE(3) amended by No. 21/2017 s. 96(5). (3) If an owner or occupier applies to VCAT within the time allowed, he or she need not comply with section 221ZZC until the expiry of— S. 221ZZE (3)(a) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 77). (a) 15 business days after he or she receives written notice that the Authority has affirmed the plumbing order; or S. 221ZZE (3)(b) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 77). (b) 5 business days after he or she abandons the application or he or she receives written notice that the Authority has dismissed the application— (whichever happens first). S. 221ZZE(4) amended by No. 21/2017 s. 96(5). (4) In considering an application, VCAT may consider matters not raised before the plumbing order was made. S. 221ZZF inserted by No. 39/1996 s. 5. 221ZZF Emergency plumbing order to rectify dangerous plumbing work (1) This section applies if a plumbing inspector is of the opinion that any plumbing work that has been carried out on any land or in any building— (a) contravenes any plumbing laws or would contravene any plumbing laws if it were to be used; and (b) is an immediate danger to the life, safety or health of any person or poses an immediate risk of significant damage to any property. (2) The plumbing inspector may issue a written order requiring that the owner or occupier of the land or building, within a specified time or times— (a) rectify the plumbing work so that the danger or risk is removed; or (b) modify the plumbing work so that the danger or risk is removed; or (c) ensure that everyone on the land or in the building is evacuated from the land or building; or (d) ensure that specified people or classes of people on the land or in the building are evacuated from the land or building. (3) The plumbing inspector may also, in an emergency plumbing order, prohibit the occupation or use of the land or building for a specified period of up to 48 hours. (4) The order must contain a copy of sections 221ZZG and 221ZZJ. S. 221ZZF(5) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 78). (5) The Authority has no power to cancel an order made under this section. S. 221ZZF(6) inserted by No. 99/1997 s. 121(9). (6) If the order relates to gasfitting work, the plumbing inspector must give a copy of the order to the relevant gas distribution company. S. 221ZZG inserted by No. 39/1996 s. 5. 221ZZG Offence to not comply with emergency plumbing order S. 221ZZG(1) amended by No. 33/2010 s. 46. (1) An owner or occupier of any land or building must comply with any emergency plumbing order that has been given to him or her. S. 221ZZG(2) amended by No. 33/2010 s. 46. (2) A person must not occupy or use any land or building in contravention of an emergency plumbing order. (3) This section does not apply if the owner, occupier or person has a reasonable excuse for failing to comply with the order. S. 221ZZH inserted by No. 39/1996 s. 5. 221ZZH Inspector may cancel emergency plumbing order The plumbing inspector who gave an emergency plumbing order to an owner or occupier may cancel it by written notice given to the owner or occupier if the order was made in error or if the circumstances giving rise to the making of the order have changed. S. 221ZZI inserted by No. 39/1996 s. 5. 221ZZI Plumbing notices and orders to be last resort (1) A plumbing inspector must not give an owner or occupier of any land or building a plumbing notice or a plumbing order in relation to any plumbing work unless either— (a) the inspector served a rectification notice in relation to the work on the plumber responsible for the work, and it is clear that that notice will not be complied with; or (b) the inspector is satisfied that it is either not possible or not appropriate to serve a rectification notice in relation to the work on the plumber responsible for the work. (2) A plumbing inspector must not give an owner or occupier of any land or building an emergency plumbing order in relation to any plumbing work that makes a requirement under section 221ZZF(2)(a) unless the inspector is satisfied that the emergency plumbing order is likely to be complied with more quickly than a rectification notice in relation to the work would be complied with. S. 221ZZJ inserted by No. 39/1996 s. 5. 221ZZJ Owner/occupier must report the completion of required work (1) An owner or occupier who is required by a plumbing order or emergency plumbing order to ensure that plumbing work is carried out must advise the plumbing inspector who issued the order that the work has been carried out as soon as is practicable after the work is finished. (2) On receiving the advice, the plumbing inspector must inspect the work. S. 221ZZK (Heading) inserted by No. 34/2013 s. 34(Sch. 1 item 79). S. 221ZZK inserted by No. 39/1996 s. 5. 221ZZK Work may be carried out by Authority or plumbing inspector S. 221ZZK(1) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 80). (1) If an owner or occupier fails to comply with a plumbing order or emergency plumbing order, the Authority or the plumbing inspector who issued the order may cause the work required by the order to be carried out. S. 221ZZK(2) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 80). (2) The Authority may recover any costs incurred in carrying out the work from the owner or occupier (as the case may be) in a court of competent jurisdiction as a debt due to the Authority. S. 221ZZL inserted by No. 39/1996 s. 5. 221ZZL Police assistance S. 221ZZL(1) amended by No. 37/2014 s. 10(Sch. item 9.2). (1) A plumbing inspector may ask for the help of a police officer, and a police officer may help— (a) in evacuating land or a building in accordance with an emergency plumbing order; or S. 221ZZL (1)(b) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 81). (b) in removing people from land or a building on or in which the work is being carried out in accordance with a plumbing order or an emergency plumbing order by the inspector or a person asked to carry out the work by the inspector or the Authority. S. 221ZZL(2) amended by No. 37/2014 s. 10(Sch. item 9.2). (2) A police officer may use reasonable force in carrying out a function under subsection (1). Division 8—Interpretation and modification of plumbing regulations S. 221ZZM inserted by No. 39/1996 s. 5. 221ZZM Meaning of *plumbing regulations* In this Division, ***plumbing regulations*** means— S. 221ZZM(a) amended by No. 43/2024 s. 36. (a) any regulations made under section 221ZZZV(1)(a), (fa), (fb) or (g)(i); or S. 221ZZM(b) amended by No. 99/1997 s. 121(6). (b) any regulation (other than any regulation made under the **Gas Safety Act 1997**), local law or by-law that applies, or that applied at a material time, to plumbing work. S. 221ZZN (Heading) inserted by No. 34/2013 s. 34(Sch. 1 item 82). S. 221ZZN inserted by No. 39/1996 s. 5. 221ZZN Authority may resolve disputes concerning interpretation of plumbing regulations S. 221ZZN(1) amended by No. 11/2023 s. 15(1). (1) This section applies if there is a dispute about the application or effect of any provision of the plumbing regulations, or whether any provision of the plumbing regulations including any binding determination that applies to that provision is, or has been, complied with, and the dispute is between all or any of the following— (a) the owner or occupier of a premises on which plumbing work is being, has been or is about to be, carried out; (b) the licensed or registered plumber who is carrying out, carried out, or is about to carry out, that work; (c) any person who acts on behalf of the owner or occupier of the premises; (d) a plumbing inspector or compliance auditor. S. 221ZZN(2) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 83), 11/2023 s. 15(2). (2) One or more of the parties to the dispute may apply to the Authority for a declaration as to the application or effect of the provision of the plumbing regulations or whether the provision of the plumbing regulations including any binding determination that applies to that provision is, or has been, complied with. S. 221ZZN(3) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 83). (3) The application may be made in any manner approved by the Authority. S. 221ZZN(3A) inserted by No. 11/2023 s. 15(3). (3A) An application for a declaration must be accompanied by the fee set out in the regulations. S. 221ZZN(4) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 83). (4) After conducting a hearing on the application, the Authority must declare its opinion on the matter in dispute. S. 221ZZN(5) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 83). (5) Each party to the dispute is bound by the declaration of the Authority and must give effect to the declaration once the declaration takes effect. S. 221ZZN(6) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 83). (6) Each person who was given an opportunity to be heard by the Authority is a party to the dispute for the purposes of subsection (5). S. 221ZZN(7) amended by Nos 52/1998 s. 311(Sch. 1 item 10.11), 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 83), 21/2017 s. 96(6). (7) An application to VCAT for the review of a declaration of the Authority must be made by the end of the 5th business day after each party to the dispute has received a copy of the declaration. S. 221ZZN(8) amended by No. 28/2000 s. 20(c). (8) A declaration takes effect— (a) at the start of the 6th business day after each party to the dispute has received a copy of it; or S. 221ZZN(8)(b) amended by No. 21/2017 s. 96(6). (b) if an application to review it has been lodged, on the application being abandoned or on VCAT dismissing the application or affirming the declaration. S. 221ZZN(9) amended by Nos 75/1998 s. 5(b), 28/2000 s. 20(c), 34/2013 s. 34(Sch. 1 item 83), 21/2017 s. 96(6). (9) If a person applies to VCAT for the review of a declaration, the Authority must give the person its written reasons for the declaration as soon as possible after the application is lodged. S. 221ZZO inserted by No. 39/1996 s. 5. 221ZZO Modification of plumbing regulations S. 221ZZO(1) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 84). (1) The Authority may declare that a provision of the plumbing regulations does not apply, or applies with specified variations, to specified plumbing work. S. 221ZZO(1A) inserted by No. 11/2023 s. 16. (1A) A declaration of the Authority under this section that a provision of the plumbing regulations applies with specified variations to specified plumbing work must not be inconsistent with any binding determination that applies to that provision. (2) A declaration under this section overrides the plumbing regulations and must be given effect to with respect to the specified plumbing work as if those regulations had been amended to accord with the declaration. (3) An application for a declaration may be made by— (a) the owner or occupier of a building or land; (b) a licensed or registered plumber; (c) a plumbing inspector or compliance auditor; S. 221ZZO (3)(d) amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 21.3). (d) a Department Head within the meaning of the **Public Administration Act 2004**; (e) a public authority. (4) The person applying for the declaration must— (a) identify the plumbing work for which the application is being made; and (b) specify in what way the person would like the plumbing regulations modified with respect to that work. (5) An application for a declaration must be accompanied by the fee set out in the regulations. (6) For the purposes of this Part, any plumbing work that is the subject of a declaration complies with the plumbing regulations if it complies with those regulations as modified by the declaration. S. 221ZZP (Heading) inserted by No. 34/2013 s. 34(Sch. 1 item 85). S. 221ZZP inserted by No. 39/1996 s. 5. 221ZZP Matters Authority must consider before making a modification declaration S. 221ZZP(1) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 86). (1) The Authority may only declare that a provision of the plumbing regulations does not apply to specified plumbing work if it is satisfied that the provision is inappropriate in the particular circumstances. S. 221ZZP(2) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 86). (2) The Authority may only declare that a provision of the plumbing regulations applies with the variations specified by the Authority to specified plumbing work if it is satisfied that it is reasonable to do so and is not detrimental to the public interest. S. 221ZZP(3) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 86). (3) In making a declaration under section 221ZZO, the Authority may impose any conditions that it thinks appropriate in relation to how the declaration is to be given effect to. S. 221ZZQ inserted by No. 39/1996 s. 5. 221ZZQ Procedure applying to hearings under this Part (1) Subject to anything to the contrary in this Part, clauses 12, 15, 16, 17, 18(1) and 19 of Schedule 3 apply to the hearing of a dispute under section 221ZZN or of an application under section 221ZZO as if a reference in those clauses to— S. 221ZZQ (1)(a) amended by Nos 75/1998 s. 5(c), 34/2013 s. 34(Sch. 1 item 87). (a) the Building Appeals Board was a reference to the Victorian Building Authority; and (b) a determination was a reference to a declaration. (2) For the purposes of this Division, section 221ZZZO applies as if a reference in that section to a disciplinary hearing was a reference to the hearing of a dispute under section 221ZZN or of an application under section 221ZZO. Pt 12A Div. 9 (Heading and ss 221ZZR–221ZZX) inserted by No. 39/1996 s. 5, substituted by No. 75/1998 s. 3, amended by Nos 32/2001 s. 25(1), 96/2004 ss 20, 21, 54/2007 ss 8–10, repealed by No. 34/2013 s. 28. Pt 12A Div. 9A (Heading and ss 221ZZXA–221ZZXD) inserted by No. 75/1998 s. 3, amended by Nos 32/2001 s. 25(2), 68/2001 s. 3(4), 24/2006 s. 6.1.2(Sch. 7 item 2.2), repealed by No. 34/2013 s. 28. Division 10—Enforcement S. 221ZZY inserted by No. 39/1996 s. 5. 221ZZY Enforcement staff S. 221ZZY(1) amended by No. 75/1998 s. 5(b), substituted by No. 34/2013 s. 26(3)(a). (1) The Authority may appoint for the purposes of this Part, from staff appointed or engaged under section 204— (a) plumbing inspectors; and (b) compliance auditors. S. 221ZZY(2) amended by Nos 75/1998 s. 5(b), 34/2013 s. 26(3)(b), substituted by No. 21/2017 s. 43. (2) The Authority must not appoint a person as a plumbing inspector or a compliance auditor under subsection (1) unless the Authority is satisfied that the person to be authorised is appropriately qualified or has successfully completed appropriate training. S. 221ZZY(3) amended by Nos 75/1998 s. 5(b), 34/2013 s. 26(3)(c), substituted by No. 21/2017 s. 43. (3) The Authority must issue identification to each person appointed as a plumbing inspector which must— (a) contain a photograph of the person; and (b) state the name of that person; and S. 221ZZY(3)(c) amended by No. 46/2018 s. 60(1). (c) state the fact that the person is a plumbing inspector appointed by the Authority; and S. 221ZZY(3)(d) inserted by No. 46/2018 s. 60(2). (d) state that the plumbing inspector is an authorised person within the meaning of section 228. S. 221ZZY(4) inserted by No. 21/2017 s. 43. (4) The Authority must issue identification to each person appointed as a compliance auditor which must— (a) contain a photograph of the person; and (b) state the name of that person; and S. 221ZZY(4)(c) amended by No. 46/2018 s. 60(1). (c) state the fact that the person is a compliance auditor appointed by the Authority; and S. 221ZZY(4)(d) inserted by No. 46/2018 s. 60(3). (d) state that the compliance auditor is an authorised person within the meaning of section 228. S. 221ZZY(5) inserted by No. 21/2017 s. 43. (5) A plumbing inspector or a compliance auditor must produce the identification issued under this section for inspection— (b) at any time during the exercise of a power under this Act or the regulations if asked to do so. S. 221ZZY(6) inserted by No. 21/2017 s. 43. (6) Subsection (5) does not apply to— S. 221ZZZ inserted by No. 39/1996 s. 5, amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 88), repealed by No. 21/2017 s. 44(1). S. 221ZZZA inserted by No. 39/1996 s. 5, amended by Nos 34/1997 s. 22, 75/1998 ss 5(b), 15(1), 31/2007 s. 13, 34/2013 s. 34(Sch. 1 item 89), repealed by No. 21/2017 s. 44(1). S. 221ZZZB inserted by No. 39/1996 s. 5, amended by No. 75/1998 s. 15(2)–(4), repealed by No. 21/2017 s. 44(1). S. 221ZZZBA inserted by No. 75/1998 s. 16, repealed by No. 21/2017 s. 44(1). S. 221ZZZC inserted by No. 39/1996 s. 5. 221ZZZC Additional powers of plumbing inspectors (1) Part 13 applies to caravans and vessels as if a caravan or vessel was a building and the occupant of the caravan or vessel was its occupier. (2) After entering any land or building under Part 13, a plumbing inspector or compliance auditor may— (a) inspect and test any plumbing work on or in that land or building; (b) if it is reasonable or necessary for the purpose of such an inspection or test— (i) isolate that land or building from any water or gas supply; (ii) connect or reconnect that land or building to a water or gas supply; (iii) dismantle and re-assemble the work. ***caravan*** includes any form of movable dwelling other than a boat or houseboat; ***vessel*** means any boat or houseboat that has a gas appliance or toilet as a fixture. S. 221ZZZD inserted by No. 39/1996 s. 5. 221ZZZD Compulsory inspections S. 221ZZZD(1) amended by No. 21/2017 s. 95(11)(a). (1) This section applies if a gas company or a water authority has evidence to suggest— (a) that particular plumbing work does not comply with the plumbing laws; or (b) that a real threat to health and safety exists as a result of the improper installation or maintenance of a sanitary drain or an appliance or fixture that uses water or gas; or (c) that there is infiltration of groundwater or stormwater into private sanitary drains— (i) from surface areas; or (ii) from downpipes; or (iii) due to gullies being fitted at an inappropriate level; or (iv) due to defective plumbing work. S. 221ZZZD(2) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 90), 21/2017 s. 95(11)(b). (2) The gas company or the water authority may ask the Authority in writing to inspect the work or drain, appliance or fixture. S. 221ZZZD(3) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 90). (3) On receiving such a request and a copy of the evidence, the Authority must cause an inspection to be made of the work or drain, appliance or fixture. S. 221ZZZD(4) inserted by No. 21/2017 s. 95(11)(c), repealed by No. 43/2024 s. 37. Pt 12A Div. 10A (Heading and ss 221ZZZDA –221ZZZEB) inserted by No. 31/2007 s. 14. Division 10A—Plumbing infringements S. 221ZZZDA inserted by No. 31/2007 s. 14. 221ZZZDA Definitions S. 221ZZZDA def. of *authorised officer* amended by No. 21/2017 s. 95(12). ***authorised officer*** means— (a) the chief executive officer of the Authority; (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. S. 221ZZZE inserted by No. 39/1996 s. 5, substituted by No. 75/1998 s. 17 (as amended by No. 74/2000 s. 3(Sch. 1 item 14)), amended by No. 32/2006 s. 94(Sch. item 4(1)‑(3)), substituted by No. 31/2007 s. 14. 221ZZZE Plumbing infringement notices (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 (if any) required to expiate the offence. (4) An infringement penalty prescribed for the purposes of this Division must not exceed 10 penalty units. S. 221ZZZEA inserted by No. 31/2007 s. 14. 221ZZZEA Additional steps required by infringement notice (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. S. 221ZZZEB inserted by No. 31/2007 s. 14. 221ZZZEB Proceedings 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. Division 11—Inquiries and disciplinary action S. 221ZZZF (Heading) inserted by No. 34/2013 s. 34(Sch. 1 item 91). S. 221ZZZF inserted by No. 39/1996 s. 5. 221ZZZF Inquiry by Authority S. 221ZZZF(1) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 92). (1) The Authority may conduct an inquiry as to whether there is proper cause for taking disciplinary action against a person who is, or has been, licensed or registered under this Part. S. 221ZZZF(2) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 92). (2) The Authority may conduct such an inquiry on its own motion or after receiving a complaint concerning the conduct or competence of any person who is licensed or registered under this Part. S. 221ZZZFA inserted by No. 3/2020 s. 31. 221ZZZFA Immediate suspension of registration or licence of plumber (1) The Authority must, by written notice given to a licensed or registered plumber, immediately suspend the licence or registration of the plumber (as the case requires) if the Authority considers it is in the interests of the public to do so pending an inquiry under this Division. (2) For the purpose of subsection (1), matters that the Authority may have regard to in deciding whether it is in the interests of the public to immediately suspend the licence of a licensed plumber or the registration of a registered plumber include the following— (a) whether the plumber is performing, has performed or has allowed others under the plumber's control to perform plumbing work that poses a serious risk to neighbouring properties; (b) whether the plumber is performing, has performed or has allowed others under the plumber's control to perform plumbing work that poses a risk to the health and safety of persons; (c) whether the plumber has been the subject of multiple adverse disciplinary actions by the Authority. (3) The Authority may suspend a registration under subsection (1) either wholly or as a partial suspension in relation to a specified matter. (4) The notice must state the following— (b) the ground for the decision; (c) the period of the suspension; (d) that the plumber may apply to VCAT under Division 12 for review of the decision. (5) The Authority must provide written reasons to the plumber for the immediate suspension within 5 business days after giving the notice. (6) A suspension under subsection (1)— (a) takes effect when the notice is given to the plumber; and (b) continues for the period specified in the notice unless either of the following occurs— (i) the suspension is revoked by the Authority; (ii) the suspension is set aside by VCAT on an application for review under Division 12. S. 221ZZZG inserted by No. 39/1996 s. 5. 221ZZZG Grounds on which disciplinary action may be taken (1) There is proper cause for taking disciplinary action against a person who is, or has been, licensed or registered under this Part if— (a) he or she obtained the licence or registration by fraud or misrepresentation or the concealment of facts; (b) he or she has been convicted of an offence against the plumbing laws; S. 221ZZZG (1)(ba) inserted by No. 26/2019 s. 129. (ba) the person has contravened the **Professional Engineers Registration Act 2019** or the regulations under that Act; (c) he or she has been convicted of any offence involving fraud, dishonesty, drug trafficking or violence that was punishable by imprisonment for 6 months or more; S. 221ZZZG(1)(d) amended by No. 31/2007 s. 15, substituted by No. 11/2023 s. 17. (d) he or she has breached any requirement of a provision of this Act or the regulations made under this Part including any binding determination that applies to that provision; S. 221ZZZG (1)(da) inserted by No. 46/2018 s. 61. (da) he or she has not complied with any prescribed continuing professional development requirements; (e) he or she has had his or her licence or registration or other authorisation to engage in plumbing work outside Victoria cancelled or suspended for any reason other than his or her failure to renew that licence, registration or other authorisation; (f) he or she has been guilty of, or was a party to, any negligence or incompetence in connection with the carrying out of any plumbing work; (g) he or she has carried out, or was a party to, the carrying out of plumbing work otherwise than in a good and workmanlike manner; (h) he or she directed or permitted the carrying out of plumbing work otherwise than in a good and workmanlike manner; (i) he or she has been guilty of any fraudulent conduct in regard to the carrying out of any plumbing work; (j) he or she, in the course of carrying out any plumbing work— (i) used materials that he or she knew, or reasonably ought to have known, were defective; or (ii) was a party to the carrying out of any plumbing work using materials that he or she knew, or reasonably ought to have known, were defective; (k) he or she has failed to comply with a reasonable direction of an insurer in respect of the completion or rectification of defective plumbing work or any payment to be made to the insurer in respect of the completion or rectification of defective plumbing work in accordance with required insurance. S. 221ZZZH inserted by No. 39/1996 s. 5. 221ZZZH Procedure concerning inquiries S. 221ZZZH(1) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 93). (1) To start an inquiry, the Authority must give the following details in writing to the person who is to be the subject of the inquiry— (a) the grounds on which the inquiry is to be conducted; and (b) if the inquiry is based on a complaint, the substance of that complaint; and (c) the time and place at which the inquiry will be held; and S. 221ZZZH (1)(d) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 93). (d) the fact that the person may make oral and written submissions to the Authority in relation to the inquiry; and (e) a copy of section 221ZZZJ. S. 221ZZZH(2) amended by Nos 75/1998 s. 5(b), 70/2013 s. 3(Sch. 1 item 3). (2) The Authority may conduct an inquiry in the absence of the person whose conduct or competence is being inquired into if it is satisfied that the person received the details listed in subsection (1). S. 221ZZZI inserted by No. 39/1996 s. 5, amended by Nos 75/1998 s. 5(c), 34/2013 s. 34(Sch. 1 item 94). 221ZZZI How inquiry to be conducted Clauses 12, 15, 16, 17, 18(1) and 19 of Schedule 3 apply to an inquiry under this Division as if a reference in those clauses to the Building Appeals Board was a reference to the Victorian Building Authority. S. 221ZZZJ (Heading) inserted by No. 34/2013 s. 34(Sch. 1 item 95). S. 221ZZZJ inserted by No. 39/1996 s. 5. 221ZZZJ Disciplinary powers of Authority S. 221ZZZJ(1) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 96). (1) At the end of an inquiry, if the Authority is satisfied that proper cause for taking disciplinary action against a person exists, the Authority may do one or more of the following— (a) reprimand the person; (b) if the person is licensed or registered under this Part— (i) impose new conditions on, or vary the existing conditions of, the licence or registration; (ii) suspend the licence or registration for a period of up to 12 months; (iii) cancel the licence or registration immediately or with effect from a specified later date; (c) if the person is licensed or registered under this Part, require the person to pass a specified examination or complete a specified period of training or attend a specified course of instruction; (d) disqualify the person from being licensed or registered for a specified period of up to 3 years; (e) order the person to pay the costs of the inquiry (including incidental costs); S. 221ZZZJ (1)(f) amended by No. 75/1998 s. 5(b), substituted by No. 36/2008 s. 24(1), amended by No. 34/2013 s. 34(Sch. 1 item 96). (f) order the person to pay the Authority a penalty of not more than 100 penalty units unless— (i) a charge has been filed in the Magistrates' Court in respect of the matter; or S. 221ZZZJ (1A) inserted by No. 36/2008 s. 24(2), amended by No. 34/2013 s. 34(Sch. 1 item 96). (1A) If the Authority determines under subsection (1) to suspend or cancel a licence or registration of a person because the person has breached a requirement of this Part, the Authority may suspend the operation of that suspension or cancellation on condition that the person complies with specified conditions. S. 221ZZZJ (1B) inserted by No. 36/2008 s. 24(2), amended by No. 34/2013 s. 34(Sch. 1 item 96). (1B) In making a decision under subsection (1A), the Authority may take into account— (a) whether the person has any previous conviction for breaching the requirements of this Part; and (b) whether the conduct of the person in breaching the requirements leading to the determination to suspend or cancel the licence or registration was out of character and unlikely to reoccur; and (c) whether there are mitigating circumstances that warrant the decision. S. 221ZZZJ (1C) inserted by No. 36/2008 s. 24(2), amended by No. 34/2013 s. 34(Sch. 1 item 96). (1C) The Authority may revoke the suspension of the suspension or cancellation of a licence or registration and reinstate the original suspension or cancellation if the Authority is satisfied that the person has during the suspension period— (a) breached a requirement of this Part; or (b) breached a condition of the suspension. S. 221ZZZJ (1D) inserted by No. 36/2008 s. 24(2). (1D) If the original suspension or cancellation of a licence or registration is reinstated, the period of suspension begins, or the cancellation takes effect, on the day following the day that the decision to reinstate the suspension or cancellation is made. S. 221ZZZJ(2) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 96). (2) If the Authority makes an order under this section, the Registrar may give a copy of the order to any person or body who the Registrar thinks should be told of the order. S. 221ZZZK inserted by No. 39/1996 s. 5. 221ZZZK Presumption of suspension for repeated offences concerning compliance notices S. 221ZZZK(1) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 97). (1) This section applies if the Authority is satisfied, at the end of an inquiry— (a) that a person has contravened section 221ZH; and (b) that the person has contravened that section on at least 2 separate occasions within the past 3 years. S. 221ZZZK(2) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 97). (2) The Authority must suspend the person's licence for a period of up to 3 months unless it is satisfied that there is a good reason for not doing so. S. 221ZZZKA inserted by No. 3/2020 s. 32. 221ZZZKA Person to give notice of cancellation or suspension of licence or registration A person who has had a licence or registration as a plumber cancelled or suspended under Division 6 or this Division or as a result of a review by VCAT must, without delay after the decision to cancel or suspend the licence or registration takes effect, give notice in the prescribed form (if any) of the cancellation or suspension to any person who has a contract with the person relating to, or arising out of, the carrying out of the person's work as a licensed or registered plumber. S. 221ZZZKB inserted by No. 3/2020 s. 32. 221ZZZKB Consequences of suspension of licence or registration (1) A person whose licence or registration as a plumber is suspended under Division 6 or this Division or as a result of a review by VCAT is taken not to be licensed or registered (as the case requires) under Division 3 either wholly or, if it is a partial suspension, in relation to the matter specified in the suspension. (2) A person whose licence or registration as a plumber is suspended under Division 6 or this Division or as a result of a review by VCAT may apply for a renewal of that licence or registration during the period of suspension but the renewed licence or registration remains suspended either wholly or as a partial suspension (as the case requires) in accordance with the terms of the suspension until the licence or registration is cancelled or the suspension ends or is revoked. S. 221ZZZL (Heading) inserted by No. 34/2013 s. 34(Sch. 1 item 98), substituted by No. 3/2020 s. 33(1). S. 221ZZZL inserted by No. 39/1996 s. 5, amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 99), 3/2020 s. 33(2) (ILA s. 39B(1)). 221ZZZL Revocation of cancellation or suspension of licence or registration (1) The Authority may at any time revoke any order it has made under section 221ZZZJ cancelling or suspending a person's licence or registration. S. 221ZZZL(2) inserted by No. 3/2020 s. 33(2). (2) The Authority must revoke an immediate suspension under section 221ZZZFA if the Authority determines that the ground for the immediate suspension has ceased to exist. S. 221ZZZL(3) inserted by No. 3/2020 s. 33(2). (3) The Authority must, without delay, give written notice to a licensed or registered plumber of— (a) the revocation of an order made under section 221ZZZJ cancelling or suspending the plumber's licence or registration; or (b) the revocation of an immediate suspension of the plumber's licence or registration under section 221ZZZFA. S. 221ZZZM (Heading) inserted by No. 34/2013 s. 34(Sch. 1 item 100). S. 221ZZZM inserted by No. 39/1996 s. 5, amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 101). 221ZZZM Authority may compensate persons suffering loss from unsatisfactory plumbing work If the Authority makes an order under section 221ZZZJ(1)(f), the Authority may pay an amount up to the amount referred to in the order to any person who, in the opinion of the Authority, has suffered loss as a result of any unsatisfactory work that was a reason for the making of the order. S. 221ZZZN (Heading) inserted by No. 34/2013 s. 34(Sch. 1 item 102). S. 221ZZZN inserted by No. 39/1996 s. 5. 221ZZZN Procedures of Authority sub-committee conducting inquiry or taking disciplinary action S. 221ZZZN(1) amended by Nos 28/2000 s. 20(d), 34/2013 s. 34(Sch. 1 item 103). (1) Clauses 8(3), (5) and (8) of Schedule 3 apply to any sub-committee of the Authority that is conducting an inquiry under this Division as if— (a) a reference to a panel was a reference to the sub-committee; and S. 221ZZZN (1)(b) amended by Nos 75/1998 s. 5(c), 34/2013 s. 34(Sch. 1 item 104). (b) a reference to the Building Appeals Board was a reference to the Victorian Building Authority. S. 221ZZZO inserted by No. 39/1996 s. 5, repealed by No. 75/1998 s. 5(d). Division 12—Review of decisions S. 221ZZZP inserted by No. 39/1996 s. 5, amended by No. 52/1998 s. 311(Sch. 1 items 10.12(a), 10.13) (ILA s. 39B(1)). 221ZZZP Review by VCAT S. 221ZZZP(1) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 105), 21/2017 s. 96(6). (1) A person may apply to VCAT for the review of a decision by the Authority in relation to— S. 221ZZZP (1)(a) amended by No. 34/1997 s. 30(c). (a) a refusal to license or register him or her or to renew his or her licence or registration; S. 221ZZZP (1)(b) amended by No. 34/1997 s. 30(c). (b) any conditions imposed on his or her licence or registration; S. 221ZZZP (1)(c) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 105), substituted by No. 3/2020 s. 34. (c) any disciplinary action taken against the person by the Authority including— (i) the suspension of a plumber's licence under section 221ZV(4); or (ii) the immediate suspension of a plumber's licence or registration under section 221ZZZFA; S. 221ZZZP (1)(d) repealed by No. 52/1998 s. 311(Sch. 1 item 10.12(b)). S. 221ZZZP(2) inserted by No. 52/1998 s. 311(Sch. 1 item 10.13), amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 105), 21/2017 s. 96(6). (2) A party to a dispute under section 221ZZN may apply to VCAT for review of a declaration of the Authority under that section. S. 221ZZZP(3) inserted by No. 52/1998 s. 311(Sch. 1 item 10.13), amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 105), 21/2017 s. 96(6). (3) A person may apply to VCAT for review of a declaration of the Authority under section 221ZZO. S. 221ZZZQ inserted by No. 39/1996 s. 5, repealed by No. 52/1998 s. 311(Sch. 1 item 10.14). Division 13—Administrative matters S. 221ZZZR inserted by No. 39/1996 s. 5, amended by No. 75/1998 s. 5(b)(e), repealed by No. 34/2013 s. 29, new s. 221ZZZR inserted by No. 1/2023 s. 20. 221ZZZR Licensed and registered plumbers must give information to the Authority for the Register of Plumbers (1) The Authority may request in writing that a licensed or registered plumber give to the Authority information in relation to the plumber that is required to be recorded in the Register of Plumbers. (2) A licensed or registered plumber must comply with a request under subsection (1) from the Authority within 5 business days after receiving the request. S. 221ZZZS inserted by No. 39/1996 s. 5, repealed by No. 75/1998 s. 5(d), new s. 221ZZZS inserted by No. 85/2000 s. 10, amended by Nos 68/2001 s. 3(3), 46/2008 s. 248(7), 29/2010 s. 48(2), repealed by No. 34/2013 s. 30, new s. 221ZZZS inserted by No. 1/2023 s. 20. 221ZZZS Licensed and registered plumbers must notify Authority of changes to information on the Register of Plumbers A licensed or registered plumber must give the Authority written notice of any change to the information in relation to the plumber required to be recorded in the Register of Plumbers within 14 days after the change occurs. S. 221ZZZT inserted by No. 39/1996 s. 5. 221ZZZT Register of Plumbers S. 221ZZZT(1) amended by No. 1/2023 s. 13(1). (1) The Registrar must keep a register that contains the details required by subsection (2) in respect of all persons who are— S. 221ZZZT (1)(a) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 106). (a) licensed by the Authority; S. 221ZZZT (1)(b) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 106). (b) registered by the Authority; (c) licensed or registered by the Registrar under section 221W. (2) The Registrar must record in the register the following details in respect of a person— (a) his or her name, residential and business address and business telephone number; S. 221ZZZT (2)(b) substituted by No. 1/2023 s. 13(2)(a). (b) if the person has applied for and has been granted a registration or licence under this Part, the type of licence or registration the person holds and the classes or types of plumbing work in respect of which the person is so licensed or registered; S. 221ZZZT (2)(ba) inserted by No. 1/2023 s. 13(2)(a). (ba) if a person has automatic deemed registration to carry out any activities that may be carried out under a licence or registration under this Part, those activities; (c) his or her licence or registration number; (d) the day on which he or she was first, and last, licensed or registered; (e) the day on which his or her licence or registration expires; (f) the conditions (if any) to which the licence or registration is subject; (g) if he or she is insured, details of the insurance he or she holds for the purposes of this Part; S. 221ZZZT (2)(h) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 106), 1/2023 s. 13(2)(b). (h) details of any disciplinary action taken by the Authority in respect of the person or, in the case of a person referred to in paragraph (ba), by the local registration authority in that person's home State; S. 221ZZZT (2)(ha) inserted by No. 1/2023 s. 13(2)(c). (ha) details of any criminal sanctions imposed on the person; (i) any other details required by the regulations. (3) The Registrar may keep the register in any form he or she considers to be appropriate (including in an electronic or mechanical form). (4) The Registrar must remove from the register the details of any person who has not held a current licence or registration within the last 2 years. (5) A certificate certifying as to any matter relating to the contents of the register and purporting to be signed by the Registrar is evidence of the facts stated in the certificate. S. 221ZZZTA inserted by No. 1/2023 s. 21. 221ZZZTA Publication of information on Register of Plumbers (1) The Authority must publish on its website the information on the Register of Plumbers that is required by the regulations to be published. (2) The Authority may publish on its website the information on the Register of Plumbers that is permitted by the regulations to be published. S. 221ZZZU inserted by No. 39/1996 s. 5. 221ZZZU Minister may specify work to be specialised plumbing work (1) The Minister may declare any form of work that requires specialised plumbing skill or knowledge to be carried out safely and competently to be specialised plumbing work for the purposes of this Part. (2) A declaration takes effect on the date it is published in the Government Gazette, or on any later date specified in the declaration. S. 221ZZZU(3) amended by Nos 75/1998 s. 5(b), 31/2007 s. 16, substituted by No. 33/2010 s. 47. (3) In making a declaration the Minister must specify— S. 221ZZZU (3)(a) amended by No. 34/2013 s. 34(Sch. 1 item 107). (a) a class or classes of plumbing work or specialised plumbing work in respect of which a person must be licensed or registered to be able to be licensed or registered by the Authority to carry out the specialised plumbing work declared by the declaration; and S. 221ZZZU (3)(b) amended by No. 34/2013 s. 34(Sch. 1 item 107). (b) what qualifications, knowledge or experience a person must have to be able to be licensed or registered by the Authority to carry out the specialised plumbing work declared by the declaration. (4) A declaration ceases to have any effect 1 year after it first takes effect. (5) If all or part of any work that is declared to be specialised plumbing work falls within the description of an existing class of plumbing work, a reference to that class of plumbing work is to be read as if that class did not include the specialised plumbing work, unless the contrary intention appears. S. 221ZZZV inserted by No. 39/1996 s. 5. 221ZZZV Regulations S. 221ZZZV (1)(a) amended by Nos 66/2004 s. 15, 31/2007 s. 17(1). (a) prescribing standards (expressed in terms of performance, energy efficiency, water efficiency, environmental efficiency, types of material, methods of construction, products or otherwise) in relation to plumbing work other than— (i) gasfitting work; and (ii) work on the water supply or sewerage distribution system of a water authority; (1)(ab) inserted by No. 31/2007 s. 17(2). (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; S. 221ZZZV (1)(b) amended by Nos 75/1998 s. 5(b), 36/2008 s. 25(a), 34/2013 s. 34(Sch. 1 item 108). (b) fees for the purposes of this Part (including fees for examinations or assessments conducted by, or on behalf of, the Authority); (c) prescribing what constitutes specialised plumbing work; S. 221ZZZV (1)(d) substituted by No. 36/2008 s. 25(b). (d) classes of plumbing work, including, where those classes differ from any classes previously specified, transitional provisions setting out how— (i) the new classes relate to the old classes; and (ii) licences and registrations to carry out the old classes translate into licences and registrations to carry out the new classes; (e) the qualifications or experience needed to be eligible to be licensed or registered with respect to a particular class of plumbing work; (1)(ea) inserted by No. 33/2010 s. 48. (ea) prescribing a class or classes of plumbing work or specialised plumbing work required to be eligible to be registered or licensed with respect to a particular class of specialised plumbing work; S. 221ZZZV (1)(f) amended by No. 36/2008 s. 25(a). (f) examinations or assessments for the purposes of this Part; S. 221ZZZV (1)(fa) inserted by No. 43/2024 s. 38. (fa) prohibiting a person from connecting reticulated gas, or extending the capacity of an existing reticulated gas connection, to an existing building or a building under construction or to a building in a class of existing building or a class of building under construction; S. 221ZZZV (1)(fb) inserted by No. 43/2024 s. 38. (fb) prohibiting a person from carrying out plumbing work in connection with installing or replacing a reticulated gas appliance or a reticulated gas appliance in a class of reticulated gas appliance in an existing building or a building under construction or in a building in a class of existing building or a class of building under construction; (g) generally regulating and controlling— (i) the carrying out of plumbing work by licensed and registered plumbers; (ii) advertising by licensed and registered plumbers in relation to plumbing work; (1)(ga) inserted by No. 85/2000 s. 11. (ga) regulating the construction, installation, alteration, relocation or replacement of a cooling tower or of any part of a cooling tower system; (1)(gb) inserted by No. 85/2000 s. 11. (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; (1)(gc) inserted by No. 31/2007 s. 17(3). (gc) prescribing offences against this Part and the regulations made under this Part for the purposes of Division 10A; (1)(gd) inserted by No. 31/2007 s. 17(3). (gd) prescribing, for the purposes of Division 10A, penalties not exceeding 10 penalty units for the offences prescribed under paragraph (gc); (h) generally providing for any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. S. 221ZZZV(2) repealed by No. 31/2007 s. 17(4). S. 221ZZZV(3) repealed by No. 21/2017 s. 88. S. 221ZZZW inserted by No. 39/1996 s. 5, repealed by No. 39/1996 s. 29, new s. 221ZZZW inserted by No. 31/2007 s. 18. 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— S. 221ZZZW(a) amended by No. 43/2024 s. 39. (a) as in force or as issued, published, adopted or made at a particular time; or S. 221ZZZW(b) amended by No. 43/2024 s. 39. (b) as in force or as issued, published, adopted or remade from time to time. Part 13—General enforcement provisions Division 1—Powers of Minister in relation to councils 222 Order of Minister If, after due inquiry, the Minister considers that a council or municipal building surveyor has not satisfactorily carried out any function given to the council or building surveyor under this Act or the regulations, the Minister may, by order, direct the council— (a) to carry out the function within a specified time; or (b) to cause the building surveyor to carry out the function within a specified time, as the case requires.