261General regulation-making powers

261 General regulation-making powers S. 261(1)(a) amended by No. 34/1997 s. 28. (a) building permits, occupancy permits and temporary approvals, including the duration of permits and approvals and the matters to be complied with by the relevant building surveyor before a permit or approval can be issued; S. 261(1)(aa) inserted by No. 30/2001 s. 5. (aa) the matters which a reporting authority is required or permitted to take into account in reporting on, or considering whether to consent to, an application for a building permit; S. 261(1)(ab) inserted by No. 30/2001 s. 5. (ab) applying section 188A to specified classes of applications for building permits; S. 261(1)(b) amended by No. 71/1995 s. 23(1)(a). (b) conditions on permits and approvals including a condition requiring persons skilled in safety matters to be present when a place of public entertainment is occupied; S. 261(1)(ba) inserted by No. 66/2004 s. 19(1)(a). (ba) certificates of consent including a requirement that any matter in an application for a certificate be verified by statutory declaration; S. 261(1)(bb) inserted by No. 40/2021 s. 51. (bb) the accreditation of building products, construction methods, designs, components or systems connected with building work including, but not limited to— (i) applications for those accreditations, the issuing of certificates of those accreditations and the renewal, variation and revocation of those accreditations; and (ii) the keeping and maintaining of a register of those accreditations; S. 261(1)(bc) inserted by No. 11/2023 s. 48(1). (bc) building manuals including, but not limited to, the following— (i) the information that must be contained in, or accompany, a draft building manual; (ii) the format of a draft building manual; (iii) the requirements for keeping, updating and providing access to an approved building manual; S. 261(1)(bd) inserted by No. 48/2025 s. 60. (bd) prescribing excluded items for the purposes of calculating the cost of the building work; S. 261(1)(c) amended by Nos 66/2004 s. 19(1)(b), 3/2020 s. 35. (c) the making, keeping and production of records of permits, certificates of consent, certificates of accreditation and related documents, approvals, notices and orders and the keeping and production of other plans and documents provided under this Act or the regulations; S. 261(1)(d) amended by No. 66/2004 s. 19(1)(b). (d) the keeping of registers of permits, certificates of consent, approvals, notices and orders; (e) the issue of building certificates relating to notices and orders under this Act and regulations; S. 261(1)(ea) inserted by No. 18/1998 s. 11. (ea) the provision of certificates as to compliance with conditions on permits and approvals; S. 261(1)(eb) inserted by No. 21/2017 s. 56(1), amended by No. 40/2021 s. 42(1). (eb) prescribing classes of registered building practitioner; S. 261(1)(ec) inserted by No. 46/2018 s. 24(1), amended by No. 40/2021 s. 42(2). (ec) prescribing classes of licensed building employee; S. 261(1)(f) amended by No. 71/1995 s. 23(1)(b), substituted by Nos 46/2018 s. 24(2), 40/2021 s. 42(3). (f) the qualifications for registration in a category or class of building practitioner or for a licence in a class of building employee— (i) including but not limited to degrees, diplomas, certificates, accreditations, authorities, examinations, assessments and periods of training or experience; and (ii) whether the qualification, training or experience was obtained or completed inside or outside Victoria; S. 261(1)(g) amended by No. 46/2018 s. 24(3), substituted by No. 40/2021 s. 42(4). (g) examinations or assessments for registration in the different categories or classes of building practitioner and for granting licences in the different classes of building employee, including the determination of the subjects to be examined or assessed, the conduct of examinations and assessments and eligibility for an examination or assessment; S. 261(1)(h) substituted by No. 40/2021 s. 42(5). (h) the conditions prerequisite to registration in a category or class of building practitioner or to granting a licence in a class of building employee, including but not limited to conditions as to age, training, experience and authority to practise and carry out building work; S. 261(1)(ha) inserted by No. 15/2016 s. 26, substituted by Nos 40/2021 s. 42(6), 11/2023 s. 48(2). (ha) specifying the kind of work that a category or class of registered building practitioner (other than a builder) is authorised to carry out by that registration; S. 261(1)(hb) inserted by No. 15/2016 s. 26, amended by No. 46/2018 s. 24(4), substituted by No. 40/2021 s. 42(7). (hb) specifying the building work that a category or class of a registered builder (including a provisionally registered builder) is authorised to carry out by that registration; S. 261(1)(hc) inserted by No. 46/2018 s. 24(5), substituted by No. 40/2021 s. 42(8). (hc) specifying the building work that a class of licensed building employee (including a provisionally licensed building employee) is authorised to carry out by the licence; S. 261(1)(i) substituted by No. 46/2018 s. 24(6). (i) the form and divisions of the Register of Building Practitioners and the Register of Building Employees and the information to be included in those Registers; (j) the professional standards to be observed by registered building practitioners in the different categories or classes; S. 261(1)(ja) inserted by No. 66/2004 s. 19(1)(c). (ja) the information to be included in, or to accompany, any notice or application required under this Act or the regulations; (k) forms; S. 261(1)(ka) inserted by No. 85/2000 s. 13(1), repealed by No. 46/2008 s. 248(9). S. 261(1)(l) amended by No. 71/1995 s. 23(1)(c). (l) fees payable for applications, inspections, referrals, requests, appeals and lodgement of documents under this Act and for other services provided and work done by persons and bodies under this Act and the regulations; S. 261(1)(la) inserted by No. 28/2000 s. 16, substituted by No. 68/2001 s. 13(1)(a), amended by No. 66/2004 s. 19(1)(d). (la) maximum fees payable for consideration by reporting authorities of applications for permits referred to them under this Act or the regulations for consent and report; S. 261(1)(m) amended by No. 21/2017 s. 95(13). (m) the procedure for making applications, referrals, requests, appeals and reviews under this Act or the regulations; S. 261(1)(n) amended by No. 21/2017 s. 56(2). (n) the giving of copies of documents or information to specified persons and bodies and the public and the manner and form in which copies of documents or information may be given under this Act or the regulations; S. 261(1)(na) inserted by No. 43/2024 s. 4. (na) requiring a statutory declaration to be given to a relevant council when a request is made to that council under section 84A(2); S. 261(1)(o) amended by No. 68/2001 s. 3(3), substituted by No. 34/2013 s. 34(Sch. 1 item 114), amended by Nos 15/2016 s. 18(16), 3/2020 s. 26(6). (o) the procedures of the Authority, the Plumbing Advisory Council and the Building Regulations Advisory Committee; S. 261(1)(oa) inserted by No. 34/2013 s. 34(Sch. 1 item 114). (oa) the proceedings of the Building Appeals Board; S. 261(1)(p) amended by No. 34/2013 s. 23(2). (p) the circumstances in which refunds are payable out of the Victorian Building Authority Fund; (q) bonds and guarantees and the circumstances in which refunds are payable in respect of them; (r) requiring or authorising inspections of buildings, building work, places of public entertainment and services, installations and equipment located in or in relation to buildings, building work or places of public entertainment; S. 261(1)(ra) inserted by No. 68/2001 s. 13(1)(b). (ra) requiring or authorising the testing of essential services in buildings, building work and places of public entertainment; S. 261(1)(s) substituted by No. 46/2018 s. 75(3), amended by No. 46/2018 s. 24(7). (s) certificates of registration and licence certificates; (t) prescribing any office or position or class of offices or positions in— S. 261(1)(t)(i) substituted by No. 37/2014 s. 10(Sch. item 9.4). (i) Victoria Police; or S. 261(1)(t)(ii) amended by No. 20/2019 s. 148. (ii) Fire Rescue Victoria or any brigade under its control; or (iii) the Country Fire Authority or any brigade under its control; or (iv) a government department; or (v) a public authority— as a prescribed office or prescribed class of offices for the purpose of Division 5 of Part 13; (u) prescribing offences against the building regulations for the purposes of Division 5 of Part 13; (v) prescribing penalties not exceeding 10 penalty units for the offences prescribed under paragraph (u); S. 261(1)(w)(x) repealed by No. 32/2006 s. 94(Sch. item 4(8)). (y) 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. 261(2) inserted by No. 85/2000 s. 13(2), amended by No. 54/2007 s. 11(3), repealed by No. 46/2008 s. 248(9). S. 262 (Heading) amended by No. 46/2018 s. 29(1). S. 262 amended by No. 43/2024 s. 40 (ILA s. 39B(1)).