Victorian Current Acts

BUILDING ACT 1993 - SECT 169FB

    (1)     A person must not direct or require another person (the directed person ) to carry out a type of building work prescribed for the purposes of section 169EA (the relevant building work ) unless the directed person—

        (a)     is registered under this Part and that registration authorises the carrying out of the relevant building work; or

        (b)     is licensed under Part 11A and that licence authorises the carrying out of the relevant building work and the person is carrying out the building work in the course of the person's employment.

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

    2500 penalty units, the case of a body corporate.

    (2)     A person does not commit an offence under subsection (1) if—

        (a)     the directed person is employed by a person under a training contract to carry out the relevant building work and the employer has been approved under section 5.5.7 of the Education and Training Reform Act 2006 by the Victorian Registration and Qualifications Authority to employ the directed person under the training contract; and

        (b)     the person directing the directed person is that employer or a person acting on behalf of that employer.

S. 169FB(2A) inserted by No. 40/2021 s. 18(1).

    (2A)     A person does not commit an offence under subsection (1) if—

        (a)     the directed person has been granted an exemption under section 169EB in relation to carrying out the relevant building work and the exemption is in force; and

        (b)     the person is the employing builder (within the meaning of section 169EB) or a person acting on behalf of that employing builder.

    (3)     Subsection (1) does not apply to a person if the person took reasonable steps to ensure that the directed person was registered under Part 11 or licensed under this Part to carry out the relevant building work, including any of the following steps—

        (a)     the person provided a written statement to the directed person setting out the requirement that the directed person—

              (i)     be a registered builder whose registration authorises the carrying out of the relevant building work; or

              (ii)     be a licensed building employee whose licence authorises the carrying out of the relevant building work;

        (b)     the person inspected the certificate of registration or the licence certificate of the directed person before directing or requiring the directed person to carry out the relevant building work and the certificate of registration or the licence certificate appeared to authorise the directed person to carry out that relevant building work;

        (c)     the person, before directing or requiring the directed person to carry out the relevant building work, checked whether the directed person was listed on the Register of Building Practitioners or the Register of Building Employees.

Note to s. 169FB inserted by No. 40/2021 s. 18(2).

Note

See also the transitional provision in section 282(4) which provides that in certain circumstances section 169FB does not apply to a person who directs a person to carry out relevant building work who is not registered or licensed to carry out that building work.

S. 169G inserted by No. 21/2017 s. 7.