Sch 5Plumbing infringement offences

Schedule 5—Plumbing infringement offences **Offences Infringement Penalty** section 221ZH(2) 5 penalty units section 221ZI(1) 3 penalty units section 221ZLA 1 penalty unit section 221ZNB(1) 5 penalty units section 221ZNB(2) 5 penalty units section 221ZO(2) 2 penalty units section 221ZP(3) 3 penalty units section 221ZPA(1) or (2) 1 penalty unit Sch. 6 inserted by No. 75/1998 s. 20. Schedule 6—Transitional provisions relating to the Building (Plumbing) Act 1998 1 Plumbing Industry Commission is the successor of the Plumbing Industry Board Sch. 6 cl. 1(1)(2) repealed by No. 21/2017 s. 100(6). (3) Any reference to the Plumbing Industry Board in any Act, subordinate instrument, agreement or other document as far as it relates to any period after the commencement of this section is to be treated as a reference to the Plumbing Industry Commission, unless the contrary intention appears. Sch. 6 cls 2–4 repealed by No. 21/2017 s. 100(6). Sch. 7 inserted by No. 34/2013 s. 16. Schedule 7—Transitional and savings provisions relating to the Building and Planning Legislation Amendment (Governance and Other Matters) Act 2013 ***Building Administration Fund*** means the Building Administration Fund established and administered by the Building Commission under section 200 as in force immediately before the commencement day; ***Building Commission*** means the Building Commission established by section 193 as in force immediately before the commencement day; ***Building Commissioner*** means the Commissioner of the Building Commission; ***commencement day*** means the day on which the 2013 Act came into operation; The **Building and Planning Legislation Amendment (Governance and Other Matters) Act 2013** came into operation on 1 July 2013. ***plumbing fund*** means the fund established and administered by the Plumbing Industry Commission under section 221ZZZR as in force immediately before the commencement day; ***Plumbing Industry Advisory Council*** means the body established under Division 9A of Part 12A as in force immediately before the commencement day; ***Plumbing Industry Commission*** means the Plumbing Industry Commission established by section 221ZZR as in force immediately before the commencement day; ***Plumbing Industry Commissioner*** means the Commissioner of the Plumbing Industry Commission; ***Registrar*** has the same meaning as it has in section 221B; ***Registrar of the Plumbing Industry Commission*** means the Registrar of the Plumbing Industry Commission appointed or employed under section 221ZZX as in force immediately before the commencement day; ***2013 Act*** means the **Building and Planning Legislation Amendment (Governance and Other Matters) Act 2013**. Part 2—Building Commission 2 Building Commission (a) the Building Commission is abolished and the Building Commissioner goes out of office; and (b) the Victorian Building Authority becomes the successor in law of the Building Commission; and (c) all rights, assets, liabilities and obligations of the Building Commission immediately before the commencement day become rights, assets, liabilities and obligations of the Victorian Building Authority; and (d) the Victorian Building Authority is substituted as a party in any proceedings, contract, agreement or arrangement commenced or made by or against or in relation to the Building Commission; and (e) the Victorian Building Authority may continue and complete any other continuing matter or thing commenced by or against or in relation to the Building Commission; and (f) any matter or thing done under an enactment or subordinate instrument by the Building Commission before the commencement day is taken to have been done by the Victorian Building Authority, so far as it relates to any period after the commencement day. 3 Superseded references On and from the commencement day, any reference to the Building Commission in any Act, subordinate instrument, agreement or other document is taken to be a reference to the Victorian Building Authority, so far as it relates to any period after the commencement day. Sch. 7 cls 4, 5 repealed by No. 21/2017 s. 100(7). 6 Transfer of staff (1) On and from the commencement day, all persons who were appointed or employed by the Building Commission under section 205 as in force immediately before the commencement day, and whose appointments or employment were in force immediately before the commencement day, are taken to be appointed or engaged by the Victorian Building Authority under section 204. (2) A person taken to be appointed or engaged by the Authority under subclause (1) is taken to be appointed or engaged on the same terms and with the same accrued and accruing entitlements as applied to the person immediately before the commencement day. (3) If a person is taken to be appointed or engaged by the Authority under subclause (1)— (a) the service of the person with the Authority is to be regarded for all purposes as having been continuous with the person's service with the Building Commission; and (b) the person is not entitled to receive any payment or other benefit by reason only of having ceased to be appointed or employed by the Building Commission. (4) Nothing in this clause prevents a person appointed or employed by the Building Commission from resigning or being dismissed at any time after the commencement day in accordance with the terms of his or her appointment or employment. 7 Immunity of former Commissioners and staff On and from the commencement day, an entitlement of the Building Commissioner or a person appointed, employed or engaged by the Building Commission to immunity under section 127, as in force immediately before the commencement day, in relation to anything done before the commencement day continues to apply to the Commissioner or person. 8 Building Administration Fund (1) On the commencement day, all amounts standing to the credit of the Building Administration Fund immediately before the commencement day are credited to the Building account of the Victorian Building Authority Fund. (2) Without limiting the generality of subclause (1)— (a) all amounts standing to the credit of the general account of the Building Administration Fund immediately before the commencement day are credited to the building general account; and (b) all amounts standing to the credit of the building permit levy account of the Building Administration Fund immediately before the commencement day are credited to the building permit levy account; and (c) all amounts standing to the credit of the domestic building account of the Building Administration Fund immediately before the commencement day are credited to the domestic building account; and (d) all amounts standing to the credit of the domestic building dispute account of the Building Administration Fund immediately before the commencement day are credited to the domestic building dispute account. (3) Words and expressions used in this clause have the same meaning as they have in section 205. 9 Inquiries by Building Practitioners Board—new decisions Section 179(2) as amended by section 10 of the 2013 Act does not apply to a decision of the Building Practitioners Board on an inquiry commenced before the commencement day. 10 Building practitioner appeals (1) This clause applies to an appeal to the Building Appeals Board under section 143 as in force immediately before the commencement day that had commenced but had not been determined before the commencement day. (2) Despite the repeal of section 143 by the 2013 Act, the Building Appeals Board may continue to hear and determine the appeal— (a) if the Building Appeals Board has accepted a written submission from a party or commenced to conduct a hearing; or (b) in any other case, unless the Building Appeals Board refers the matter to the Victorian Civil and Administrative Tribunal under subclause (3). (3) For the purposes of subclause (2)(b), the Building Appeals Board, on the application of the appellant, may refer an appeal to the Victorian Civil and Administrative Tribunal for hearing and determination. (4) The Victorian Civil and Administrative Tribunal may hear and determine an appeal referred to it under subclause (3) as if the appeal were an application for review under section 25J or section 182A (as the case requires). Part 3—Plumbing Industry Commission 11 Plumbing Industry Commission (a) the Plumbing Industry Commission is abolished and the Plumbing Industry Commissioner goes out of office; and (b) the Victorian Building Authority becomes the successor in law of the Plumbing Industry Commission; and (c) all rights, assets, liabilities and obligations of the Plumbing Industry Commission immediately before the commencement day become rights, assets, liabilities and obligations of the Victorian Building Authority; and (d) the Victorian Building Authority is substituted as a party in any proceedings, contract, agreement or arrangement commenced or made by or against or in relation to the Plumbing Industry Commission; and (e) the Victorian Building Authority may continue and complete any other continuing matter or thing commenced by or against or in relation to the Plumbing Industry Commission; and (f) any matter or thing done under an enactment or subordinate instrument by the Plumbing Industry Commission before the commencement day is taken to have been done by the Victorian Building Authority, so far as it relates to any period after the commencement day. 12 Superseded references On and from the commencement day, any reference to the Plumbing Industry Commission in any Act, subordinate instrument, agreement or other document, as far as it relates to any period after the commencement day, is taken to be a reference to the Victorian Building Authority. 13 Plumbing Advisory Council Sch. 7 cl. 13(1) repealed by No. 21/2017 s. 100(7). (2) On and from the commencement day, any reference to the Plumbing Industry Advisory Council in any Act, subordinate instrument, agreement or other document, as far as it relates to any period after the commencement day, is taken to be a reference to the Plumbing Advisory Council. 14 Registrar of Plumbing Industry Commission (a) the position of Registrar of the Plumbing Industry Commission is abolished and the person occupying that position goes out of office but is taken to be a person appointed or engaged by the Authority in accordance with clause 16; and (b) the Registrar may continue and complete any continuing matter or thing commenced by or against or in relation to the Registrar of the Plumbing Industry Commission; and (c) any matter or thing done under an enactment or subordinate instrument by the Registrar of the Plumbing Industry Commission before the commencement day is taken to have been done by the Registrar, so far as it relates to any period after the commencement day. 15 Superseded references On and from the commencement day, any reference to the Registrar of the Plumbing Industry Commission in any Act, subordinate instrument, agreement or other document, as far as it relates to any period after the commencement day, is taken to be a reference to the Registrar. 16 Transfer of staff (1) On and from the commencement day, all persons who were appointed or employed by the Plumbing Industry Commission under section 221ZZX as in force immediately before the commencement day, and whose appointments or employment were in force immediately before the commencement day, are taken to be appointed or engaged by the Victorian Building Authority under section 204. (2) A person taken to be appointed or engaged by the Authority under subclause (1) is taken to be appointed or engaged on the same terms and with the same accrued and accruing entitlements as applied to the person immediately before the commencement day. (3) If a person is taken to be appointed or engaged by the Authority under subclause (1)— (a) the service of the person with the Authority is to be regarded for all purposes as having been continuous with the person's service with the Plumbing Industry Commission; and (b) the person is not entitled to receive any payment or other benefit by reason only of having ceased to be appointed or employed by the Plumbing Industry Commission. (4) Nothing in this clause prevents a person appointed or employed by the Plumbing Industry Commission from resigning or being dismissed at any time after the commencement day in accordance with the terms of his or her appointment or employment. 17 Immunity of former Commissioners and staff On and from the commencement day, an entitlement of the Plumbing Industry Commissioner or a person appointed or employed by the Plumbing Industry Commission to immunity under section 127, as in force immediately before the commencement day, in relation to anything done before the commencement day continues to apply to the Commissioner or person. 18 Plumbing fund On the commencement day, all amounts standing to the credit of the plumbing fund immediately before the commencement day are credited to the Plumbing account of the Victorian Building Authority Fund. Part 4—Miscellaneous Sch. 7 cl. 19 repealed by No. 21/2017 s. 100(7). 20 Registrar of Titles to amend Register The Registrar of Titles, on being requested to do so and on submission of any relevant certificate of title or other document, must make any amendments to the Register under the provisions of the **Transfer of Land Act 1958** that are necessary because of the operation of any provision of the 2013 Act. Sch. 8 inserted by No. 15/2016 s. 58. Schedule 8—Transitional and savings provisions relating to the Building Legislation Amendment (Consumer Protection) Act 2016 ***amending Act*** means the **Building Legislation Amendment (Consumer Protection) Act 2016**; ***new provision*** means a provision of this Act as in force on or after the relevant commencement day; ***old provision*** means a provision of this Act as in force before the relevant commencement day; ***relevant commencement day*** means— (a) in relation to Part 2, the day on which Division 2 of Part 3 of the **Building Legislation Amendment (Consumer Protection) Act 2016** comes into operation; and (b) in relation to Part 3, the day on which section 22 of the **Building Legislation Amendment (Consumer Protection) Act 2016** comes into operation. (2) If this Part provides that an old provision continues to apply to any matter or thing, then any regulation or other instrument having effect for the purposes of that provision also continues to apply to that matter or thing. (3) This Schedule applies despite anything to the contrary in this Act. Part 2—Building Practitioners Board 3 Abolition of Building Practitioners Board (1) On the relevant commencement day— (a) the Building Practitioners Board is abolished and its members go out of office; and (b) any subcommittee of the Building Practitioners Board is abolished and its members go out of office. (2) Subclause (1) does not affect any other provisions of this Part— (a) dealing with proceedings before the Building Practitioners Board; or (b) providing for the Building Practitioners Board to continue for certain purposes. (3) If, under this Part, the Building Practitioners Board continues for certain purposes, the old provisions relating to the membership and procedure of the Board continue to apply for those purposes. 4 Proceedings—Building Practitioners Board (1) If, before the relevant commencement day, the Building Practitioners Board had commenced an inquiry into the conduct of a building practitioner but the Board had not determined the inquiry, the Board may continue and determine the inquiry in accordance with the old provisions. (2) A determination of the Building Practitioners Board referred to in subclause (1) is taken— (a) in the case of a decision under section 179 of the old provisions, to be a decision of the Authority under section 182E of the new provisions; or (b) in the case of a decision under section 180 of the old provisions, to be a decision of the Authority under section 181 of the new provisions. (3) An application for a review that has been made under section 182A of the old provisions but not determined before the relevant commencement day may be continued and completed in accordance with the old provisions. (4) If the time within which an application for review could be made under section 182A of the old provisions had not expired before the relevant commencement day, the application may be made and dealt with in accordance with the old provisions. (5) Any costs incurred by the Authority in administering this Part, including the remuneration and allowances of members of the Building Practitioners Board continuing and completing an inquiry or proceedings under this Part, must be paid out of the Building account. Note to Sch. 8 cl. 4 inserted by No. 3/2020 s. 40. Clause 4 has been amended referentially by further transitional provisions in section 280 which relate to the transfer of the conduct of any outstanding inquiries from the Building Practitioners Board to the Authority with effect from the commencement day of section 280. 5 Proceedings against the members of the Building Practitioners Board On the relevant commencement day, the Authority is substituted for the members of the Building Practitioners Board as a party in any proceedings against the Board or its members in their capacity as such. 6 Decisions and actions of Building Practitioners Board On the relevant commencement day, all decisions and actions taken by the Building Practitioners Board under this Act before the relevant commencement day are taken to be decisions and actions taken by the Authority in relation to any period on or after the relevant commencement day. 7 Certificates of consent Without limiting clause 6, a certificate of consent issued by the Building Practitioners Board under Division 3A of Part 3 and existing immediately before the relevant commencement day is taken on and after that day to be a certificate of consent issued by the Authority under that Division. 8 Register of certificates of consent The register of certificates of consent kept under section 25H immediately before the relevant commencement day is taken on and after that day to form part of the register of certificates of consent required to be kept by the Authority under that section. 9 References to Building Practitioners Board On and from the relevant commencement day, in any Act (other than this Act or an old provision continued by this Part) or in any instrument made under any Act or in any other document of any kind, a reference to the Building Practitioners Board is taken to be a reference to the Authority in relation to any period on or after that day unless a contrary intention appears. Part 3—Building practitioners 10 Expiry of existing registration (1) This clause applies to a person who was registered under Part 11 as a building practitioner immediately before the relevant commencement day. (2) The registration of the registered building practitioner (unless cancelled sooner) expires on the anniversary of that registration that occurs in the financial year set out in column 2 of the Table opposite the class of practitioner in column 1 of the Table to which the practitioner belongs. (3) The registered building practitioner may apply under Part 11 for the renewal of the registration and for that purpose the practitioner is taken to hold the prescribed qualifications for the registration. (4) If the registered building practitioner was taken by clause 19 of Schedule 4 to be registered, a reference in this clause to the anniversary of the registration of the practitioner is taken to be a reference to the anniversary of the date of issue of the building practitioner's certificate under clause 19(6) of Schedule 4 unless the registration currently held by the building practitioner was granted after the date of issue of that certificate. | *Class of building practitioner* | *Financial year* | | Practitioners first registered in a year ending in zero or 5 | Financial year commencing 1 July 2017 | | Practitioners first registered in a year ending in 1 or 6 | Financial year commencing 1 July 2018 | | *Class of building practitioner* | *Financial year* | | Practitioners first registered in a year ending in 2 or 7 | Financial year commencing 1 July 2019 | | Practitioners first registered in a year ending in 3 or 8 | Financial year commencing 1 July 2020 | | Practitioners first registered in a year ending in 4 or 9 | Financial year commencing 1 July 2021 | Part 4—Building surveyors 11 Circumstances in which private building surveyor may not act (1) The amendments made to section 79(1) by section 39(1) of the amending Act apply only in relation to a matter referred to in section 79(1)(a) to (d) that occurs on or after the commencement of that section 39. (2) The amendment made to section 79 by section 39(2) of the amending Act apply only in relation to a conflict of interest that arises on or after the commencement of that section 39. 12 Recovery of money from private building surveyor Section 83V as inserted by section 41 of the amending Act applies in relation to money paid to a private building surveyor appointed under Part 6 before, on or after the commencement of that section 41. 13 Further limitations on issue of building permit (1) The amendments made to section 24A by section 45 of the amending Act apply only in relation to an application for a building permit accepted by the relevant building surveyor on or after the commencement of that section 45. (2) The amendments made to section 24A by section 46 of the amending Act apply only in relation to an application for a building permit accepted by the relevant building surveyor on or after the commencement of that section 46. 14 Certifying of documents given to relevant council Section 30B as inserted by section 47 of the amending Act applies only in relation to a building permit issued by the relevant building surveyor on or after the commencement of that section 47. 15 Directions under section 37 Section 37 as in force immediately before the commencement of section 49 of the amending Act continues to apply in relation to any direction given before the commencement of that section 49.