Victorian Current Acts

BUILDING ACT 1993 - SECT 171F

    (1)     For the purposes of this Part, a person is an excluded person for registration as a building practitioner in a category or class (a "relevant registration") if—

        (a)     the person is disqualified by an order of a disciplinary body from applying for the relevant registration; or

        (b)     the person previously held a relevant registration that was cancelled by a disciplinary body, if any period during which the person is disqualified from applying for a new relevant registration has not ended; or

        (c)     the person held a similar registration under a corresponding Act and—

              (i)     the similar registration was cancelled as a result of disciplinary action taken by a corresponding disciplinary body; and

              (ii)     either—

    (A)     any period during which the person is disqualified from applying for a new similar registration has not ended; or

    (B)     if the corresponding disciplinary body did not disqualify the person from applying for a new similar registration, a period of 2 years after the day the cancellation occurred has not ended; or

        (d)     the person's application for a relevant registration under this Act or a similar registration under a corresponding Act within the previous 2 years was refused on the basis that the person provided information or a document in relation to the application that was false or misleading; or

        (e)     an associate or related body corporate of the person is a person who or which held a relevant registration under this Act that was cancelled by a disciplinary body, if any period during which the associate or related body corporate is disqualified from applying for a new relevant registration has not ended; or

        (f)     an associate or related body corporate of the person held similar registration under a corresponding Act and—

              (i)     the similar registration was cancelled as a result of disciplinary action taken by a corresponding disciplinary body; and

              (ii)     either—

    (A)     any period during which the person is disqualified from applying for a new similar registration has not ended; or

    (B)     if the corresponding disciplinary body did not disqualify the person from applying for a new similar registration, a period of 2 years after the day the cancellation occurred has not ended; or

S. 171F(1)(g) amended by No. 13/2019 s. 221(Sch. 1 item 5.1).

        (g)     the person is a represented person within the meaning of the Guardianship and Administration Act 2019 ; or

        (h)     the person is an excluded person for the relevant registration under the regulations.

    (2)     In this section—

"corresponding Act" means an Act or law of another jurisdiction that—

        (a)     relates to the registration or regulation of building practitioners; or

        (b)     is prescribed by the regulations as a corresponding Act;

"corresponding disciplinary body" means—

        (a)     a body in another jurisdiction that carries out similar functions to a disciplinary body in relation to the discipline of building practitioners; or

        (b)     a body that is prescribed by the regulations to be a corresponding disciplinary body for the purposes of this section;

"disciplinary body "means—

        (a)     the Authority; or

        (b)     the Building Practitioners Board (established under Part 11 as in force immediately before the commencement of Division 2 of Part 3 of the Building Legislation Amendment (Consumer Protection) Act 2016 ); or

        (c)     the Building Appeals Board; or

        (d)     VCAT;

"similar registration" means a registration, licence, approval, certificate or other form of authorisation under a corresponding Act that corresponds to a relevant registration.

S. 171G inserted by No. 21/2017 s. 7.