Victorian Current Acts Victorian Current Acts(1) Section 169EA, as amended by section 14 of the amending Act, does not apply to a person who carries out relevant building work or any aspect of that building work under a contract to carry out that building work, including a subcontract, if the person entered into that contract before that building work was prescribed for the purposes of section 169EA.
(2) Section 169EA, as amended by section 14 of the amending Act, does not apply to a person who carries out, as a subcontractor or as an employee, relevant building work during the following periods—
(a) the allowed period after the relevant building work is prescribed for the purposes of section 169EA;
(b) if the person applies for registration as a builder (under section 171(1)(ab) as substituted by section 21(2) of the amending Act or under section 171(1)(ac) as inserted by section 21(3) of the amending Act) or for a licence as a building employee (under section 187F as amended by section 34 of the amending Act or under section 187G as substituted by section 35 of the amending Act) to carry out the relevant building work during the allowed period, but the Authority does not grant the registration or licence during that period, the allowed period as extended to whichever of the following days occurs latest—
(i) the day on which the Authority determines the person's application for the registration or licence;
(ii) if applicable, the day on which the Authority makes a reviewable decision in relation to that determination;
(iii) if applicable, the day on which VCAT makes a decision in relation to that determination.
(3) Section 169FA does not apply to a person who engages an unregistered person as a subcontractor to carry out relevant building work during the following periods—
(a) the allowed period after the relevant building work is prescribed for the purposes of section 169EA;
(b) if the person to be engaged as a subcontractor applies for registration as a builder (under section 171(1)(ab) as substituted by section 21(2) of the amending Act or under section 171(1)(ac) as inserted by section 21(3) of the amending Act) to carry out the relevant building work during the allowed period, but the Authority does not grant the registration during that period, the allowed period as extended to whichever of the following days occurs latest—
(i) the day on which the Authority determines the person's application for the registration;
(ii) if applicable, the day on which the Authority makes a reviewable decision in relation to that determination;
(iii) if applicable, the day on which VCAT makes a decision in relation to that determination.
(4) Section 169FB, as amended by section 18(1) of the amending Act, does not apply to a person who directs or requires a person to carry out relevant building work during the following periods—
(a) the allowed period after the relevant building work is prescribed for the purposes of section 169EA;
(b) if the person directed or required to carry out the relevant building work applies for registration as a builder (under section 171(1)(ab) as substituted by section 21(2) of the amending Act or under section 171(1)(ac) as inserted by section 21(3) of the amending Act) or for a licence as a building employee (under section 187F as amended by section 34 of the amending Act or under section 187G as substituted by section 35 of the amending Act) to carry out the relevant building work during the allowed period, but the Authority does not grant the registration or licence during that period, the allowed period as extended to whichever of the following days occurs latest—
(i) the day on which the Authority determines the person's application for the registration or licence;
(ii) if applicable, the day on which the Authority makes a reviewable decision in relation to that determination;
(iii) if applicable, the day on which VCAT makes a decision in relation to that determination.
(5) The amendments made to section 169F by section 16 of the amending Act apply only to offences alleged to have been committed on or after the commencement of that section.
(6) For the purposes of subsection (5), if an offence is alleged to have been committed between 2 dates and section 16 of the amending Act commences on a date between those 2 dates, the offence is alleged to have been committed before the commencement of that section.
(7) In this section—
"allowed period" means the period allowed within which an application may be made—
(a) in the case of a provisional registration, under section 170(2)(b) as inserted by section 19(2) of the amending Act; or
(b) in the case of a provisional licence, under section 187A(2) as inserted by section 32(2) of the amending Act;
"amending Act" means the Building Amendment (Registration and Other Matters) Act 2021 ;
"old amending Act" means the Building Amendment (Registration of Building Trades and Other Matters) Act 2018 ;
"relevant building work" means a type of building work prescribed for the purposes of section 169EA;
"unregistered person" means a person who does not hold a registration under Part 11 that authorises the carrying out of the relevant building work.
(8) In this section—
(a) a reference to section 169EA means a reference to section 169EA as inserted by section 10 of the old amending Act; and
(b) a reference to section 169FA means a reference to section 169FA as inserted by section 12 of the old amending Act; and
(c) a reference to section 169FB means a reference to section 169FB as inserted by section 12 of the old amending Act; and
(d) a reference to section 171(1)(ab) means a reference to section 171(1)(ab) as inserted by section 14(2) of the old amending Act; and
(e) a reference to section 187F means a reference to section 187F as inserted by section 21 of the old amending Act; and
(f) a reference to section 187G means a reference to section 187G as inserted by section 21 of the old amending Act.
S. 283 inserted by No. 40/2021 s. 45.