15General conditions and circumstances under which a certificate cannot be created

15 General conditions and circumstances under which a certificate cannot be created

(1) A certificate cannot be created in relation to a prescribed activity in the following circumstances—

(a) if the prescribed activity is undertaken as a performance requirement under the Building Code in relation to the premises in which the activity is undertaken;

(b) if, at the time the prescribed activity is undertaken, the person proposing to create the certificate is a person whose accreditation under Division 1 of Part 3 of the Act is suspended;

Reg. 15(1)(c) amended by S.R. No. 25/2023 reg. 8.

(c) if the prescribed activity is not undertaken in accordance with the provisions of the Australian Consumer Law (Victoria), the Electricity Safety Act 1998, the Gas Safety Act 1997, the Occupational Health and Safety Act 2004 or the Building Act 1993 or the regulations under any of those Acts.

Reg. 15(2) inserted by S.R. No. 37/2022 reg. 6.

(2) A certificate cannot be created in relation to a prescribed activity if the code of conduct has not been complied with by each person who undertakes the following—

(a) the prescribed activity or any part of the prescribed activity;

Reg. 15(2)(b) amended by S.R. No. 60/2023 reg. 7.

(b) any regulated action associated with the prescribed activity.

Reg. 15A inserted by S.R. No. 109/2024 reg. 7.