Victorian Current Acts Victorian Current ActsS. 169F(1) amended by Nos 46/2018 s. 11(2), 40/2021 s. 16(2).
(1) A person must not carry out domestic building work under a major domestic building contract unless the person is a registered builder or a licensed building employee.
Penalty: 500 penalty units, in the case of a natural person;
2500 penalty units, in the case of a body corporate.
S. 169F(2) amended by No. 11/2023 s. 42(2)(a).
(2) Subsection (1) does not apply to an unregistered person or an unlicensed person who carries out domestic building work under, or in accordance with, a major domestic building contract if—
S. 169F(2)(a) amended by Nos 40/2021 s. 16(3)(a), 11/2023 s. 44(2)(c).
(a) the person carries out that work in partnership with a builder registered under section 171(1)(a) whose registration authorises the carrying out of that work; or
S. 169F(2)(b) amended by No. 40/2021 s. 16(3)(a), substituted by No. 11/2023 s. 42(2)(b).
(b) the person carries out that work as an employee of a builder registered under section 171(1)(a), whose registration authorises the carrying out of that work, in the course of the person's employment with that builder; or
S. 169F(2)(c) amended by Nos 40/2021 s. 16(3)(b), 11/2023 s. 44(2)(c).
(c) the person carries out that work as a subcontractor of a builder registered under section 171(1)(a), whose registration authorises the carrying out of that work, in accordance with a subcontract with the registered builder; or
S. 169F(2)(d) inserted by No. 40/2021 s. 16(3)(c), amended by No. 11/2023 s. 44(2)(c).
(d) the person carries out that work as a subcontractor or employee of a subcontractor referred to in paragraph (c), in accordance with a subcontract with that subcontractor, or in the course of the person's employment with that subcontractor (as the case applies).
Note to s. 169F(2) inserted by No. 46/2018 s. 11(3).
Note
See section 169EA(1) for an offence against a person carrying out building work prescribed for the purposes of that section if the person is not registered under Part 11 or licensed under Part 11A to carry out that building work.
S. 169F(3) amended by No. 11/2023 s. 44(3).
(3) If the registered builder in a partnership specified under subsection (2)(a) dies or becomes insolvent and work under the major domestic building contract remains to be carried out, the person specified in subsection (2)(a) may arrange for another registered building practitioner who is authorised by that registration to carry out work under that major domestic building contract to carry out that work.
S. 169F(4) amended by No. 11/2023 s. 44(4).
(4) A person specified in subsection (3) does not commit an offence under subsection (1) because the person continues to carry out work under that major domestic building contract if an arrangement of a kind specified in subsection (3) has been made and the work is carried out in accordance with that arrangement.
(5) In this section—
S. 169F(5) def. of licensed building employee inserted by No. 40/2021 s. 16(4), amended by No. 11/2023 s. 42(5)(a).
"licensed building employee" means a person who carries out domestic building work under a major domestic building contract and whose licence authorises the carrying out of that building work;
S. 169F(5) def. of registered builder amended by No. 11/2023 s. 42(5)(b).
"registered builder" means a person who carries out domestic building work under a major domestic building contract and is—
(a) registered under this Part; and
(b) authorised by that registration to carry out that work;
"unregistered person" means a person who is not registered under this Part.
S. 169FA inserted by No. 46/2018 s. 12.