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BUILDING ACT 1993 - SECT 221B

Definitions applying to this Part

    (1)     In this Part—

S. 221B(1) def. of
Board repealed by No. 75/1998 s. 5(a)(i).

    *     *     *     *     *

"class of plumbing work" means a class of plumbing work specified by the regulations;

"class of specialised plumbing work" means a class of specialised plumbing work specified by the regulations or in a declaration under section 221ZZZU;

S. 221B(1) def. of Commission inserted by No. 75/1998 s. 5(a)(ii),
repealed by No. 34/2013 s. 26(2).

    *     *     *     *     *

"compliance auditor" means a person appointed as a compliance auditor under section 221ZZY;

"compliance certificate" means a certificate referred to in section 221ZH;

"emergency plumbing order" means an order issued under section 221ZZF ;

S. 221B(1) def. of insolvent under administration repealed by No. 4/2008 s. 32(Sch. item 2).

    *     *     *     *     *

S. 221B(1) def. of licensed plumber amended by Nos 75/1998 s. 5(a)(iii), 34/2013 s. 34(Sch.  1 item 32(a)), 1/2023 s. 9(1).

"licensed plumber" means a person who is licensed by the Authority under section 221M or  221Q to carry out a particular class or type of plumbing work and includes a person who is temporarily licensed to carry out that work under section 221W, but does not include a person whose licence is suspended;

Note

Section 42H(1) of the Mutual Recognition Act 1992 of the Commonwealth provides that a reference in the law of the second State to a person registered (however described) for the second State occupation includes a reference to a person who has automatic deemed registration to carry on an activity covered by that occupation. Section 42H(2)(a) of that Act provides that a person who has automatic deemed registration in a State is taken to have had the registration conferred by the operation of the law of the State.

S. 221B(1) def. of plumbing apprentice amended by Nos 80/1997 s. 55(Sch. 1 item 1), 24/2006 s. 6.1.2(Sch. 7 item 2.1).

"plumbing apprentice" means an apprentice within the meaning of the Education and Training Reform Act 2006 in a plumbing trade;

S. 221B(1) def. of Plumbing Code of Australia inserted by No. 31/2007 s. 3, substituted by No. 5/2011 s. 6.

"Plumbing Code of Australia" means the Plumbing Code of Australia set out in Volume Three of the National Construction Code Series including any variations or additions in the Appendix Victoria set out in Appendix A of that Volume;

"plumbing inspector" means a person appointed as a plumbing inspector under section 221ZZY;

S. 221B(1) def. of plumbing laws amended by Nos 99/1997 s. 121(1), 17/2012 s. 83(a).

"plumbing laws" means any provision in any of the following that regulates the carrying out of plumbing work

        (a)     this Part; and

        (b)     the Gas Safety Act 1997 ; and

        (c)     the Water Act 1989 ; and

        (d)     any regulations made under this Part or any Act listed in paragraph (b) or (c);

"plumbing notice" means a notice issued under section 221ZY ;

"plumbing order" means an order issued under section 221ZZB ;

"rectification notice" means a notice issued under section 221ZW ;

S. 221B(1) def. of registered plumber amended by Nos 75/1998 s. 5(a)(iii), 34/2013 s. 34(Sch.  1 item 32(b)), 1/2023 s. 9(2).

"registered plumber" means a person who is registered by the Authority under section 221O, 221P or  221R to carry out a particular class or type of plumbing work and includes a person who is temporarily registered to carry out that work under section 221W, but does not include a person whose registration is suspended;

Note

Section 42H(1) of the Mutual Recognition Act 1992 of the Commonwealth provides that a reference in the law of the second State to a person registered (however described) for the second State occupation includes a reference to a person who has automatic deemed registration to carry on an activity covered by that occupation. Section 42H(2)(a) of that Act provides that a person who has automatic deemed registration in a State is taken to have had the registration conferred by the operation of the law of the State.

S. 221B(1) def. of Registrar substituted by Nos 75/1998 s. 5(a)(iv), 34/2013 s. 27(1).

"Registrar" means the Registrar of the Victorian Building Authority appointed or engaged under section 204(1)(a);

"required insurance" means the insurance required by an order made under section 221ZQ;

"specialised plumbing work" means any plumbing work

        (a)     that the regulations state is specialised plumbing work; or

        (b)     that is declared by the Minister to be specialised plumbing work under section 221ZZZU;

S. 221B(1) def. of water authority substituted by No. 17/2012 s. 83(b).

"water authority" means an Authority within the meaning of the Water Act 1989 that has a water district or a sewerage district under that Act.

    (2)     A reference in this Part (other than in section 221O or 221R) to registration includes a reference to provisional registration, unless a contrary intention appears or the context otherwise requires.

S. 221B(3) substituted by No. 75/1998 s. 7(1).

    (3)     For the purposes of this Part, a person supervises the carrying out of work only—

        (a)     if the work is carried out in his or her presence, at his or her direction and on his or her behalf; or

        (b)     if the following conditions are met—

              (i)     the work is carried out on his or her behalf; and

              (ii)     he or she specifies the method and manner in which the work is to be carried out; and

              (iii)     he or she inspects the carrying out of the work as often as is necessary to ensure that the work is carried out safely and competently, having regard to the nature of the work, the risks involved in the work and the knowledge and experience of the person carrying out the work.

    (4)     A reference in Division 7 to "he or she" or to "him or her" is to be read as including a reference to "it", if the context permits.

S. 221C inserted by No. 39/1996 s. 5.



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