Victorian Current Acts

BUILDING ACT 1993 - SECT 280

    (1)     This section applies to an inquiry into the conduct of a building practitioner commenced but not determined by the Building Practitioners Board before the Board was abolished on 1 September 2016, which was continued by the Board under clause 4 of Schedule 8 but not determined by the Board before the commencement of this section.

    (2)     On the commencement of this section the Building Practitioners Board ceases to have the conduct of the inquiry and the Authority is to conduct and determine the inquiry.

    (3)     For the purposes of subsection (2)—

        (a)     the Authority is taken to have commenced the inquiry; and

        (b)     anything done in relation to the inquiry by the Building Practitioners Board before the commencement of this section is taken to have been done by the Authority; and    

        (c)     the Authority may have regard to any record of the inquiry held by the Building Practitioners Board before the commencement of this section, including a record of evidence taken in the inquiry; and

        (d)     in the heading to clause 4 in Schedule 8 to the Building Act 1993 , the reference to " Building Practitioners Board " is taken to be a reference to " Authority "; and

        (e)     in clause 4(1) of Schedule 8 to the Building Act 1993 , the reference to "Board" where secondly occurring is taken to be a reference to "Authority"; and

        (f)     in clause 4(1) of Schedule 8 to the Building Act 1993 , the reference to "old provisions" is taken to be a reference to "Division 2 of Part 11 as in force immediately before 1 September 2016" and the old provisions referred to in that clause are modified as follows—

              (i)     all references to "Building Practitioners Board" or to "Board" in the old provisions are taken to be references to "Authority";

              (ii)     section 182(1)(b) is taken not to form part of the old provisions; and

        (g)     in clause 4(2) of Schedule 8 to the Building Act 1993 , the reference to "Building Practitioners Board" is taken to be a reference to "Authority"; and

        (h)     in clause 4(5) in Schedule 8 to the Building Act 1993 , the reference to "members of the Building Practitioners Board" is taken to be a reference to "commissioners of the VBA Board".

S. 281 inserted by No. 40/2021 s. 52.