Victorian Current Acts

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BUILDING ACT 1993 - SECT 136

Offence to work as building practitioner or engineer without required insurance

S. 136(1) amended by Nos 33/2010 s. 27, 4/2024 s. 7(1).

    (1)     A building practitioner (other than a builder carrying out domestic building work) must not carry out work as a building practitioner unless the building practitioner is covered by the required insurance.

Penalty:     500 penalty units, in the case of a natural person.

2500 penalty units, in the case of a body corporate.

S. 136(2) amended by Nos 33/2010 s. 27, 4/2024 s. 7(2).

    (2)     A builder must not carry out domestic building work under a major domestic building contract unless the builder is covered by the required insurance.

Penalty:     500 penalty units, in the case of a natural person.

2500 penalty units, in the case of a body corporate.

S. 136(3) inserted by No. 15/2016 s. 52 (as amended by No. 21/2017 s. 107).

    (3)     Despite section 135(6), a builder referred to in subsection (2) is taken not to be covered by the required insurance if the name of that builder specified in the major domestic building contract is not identical to the name of the builder specified in the certificate of insurance from the insurer providing the required insurance in relation to the building work.

S. 136(4) inserted by No. 26/2019 s. 121(2).

    (4)     A person must not practise as an engineer engaged in the building industry unless the person is covered by the required insurance.

Penalty:     500 penalty units, in the case of a natural person;

    2500 penalty units, in the case of a body corporate.

S. 137 amended by Nos 91/1995 s. 141,
33/2010 s. 28, 26/2019 s. 122.



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