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BUILDING ACT 1993 - SECT 3

Definitions

    (1)     In this Act—

S. 3(1) def. of appointed day repealed by No. 21/2017 s. 72(2).

    *     *     *     *     *

adjoining occupier means an occupier of an adjoining property;

adjoining owner means the owner of an adjoining property;

adjoining property means land (including any street, highway, lane, footway, square, alley and right of way) which is so situated in relation to the site on which building work is to be carried out as to be at risk of significant damage from the building work;

S. 3(1) def. of approved auditor inserted by No. 85/2000 s. 3, repealed by No. 46/2008 s. 248(1).

    *     *     *     *     *

S. 3(1) def. of approved infrastructure contributions plan inserted by No. 7/2018 s. 21.

approved infrastructure contributions plan has the same meaning as in Part 3AB of the Planning and Environment Act 1987 ;

S. 3(1) def. of associate inserted by No. 21/2017 s. 3(1).

"associate", in relation to a person, means a person who exercises a significant influence over the person or the operation or management of the person's business;

S. 3(1) def. of Authority inserted by No. 34/2013 s. 3(a).

"Authority" means the Victorian Building Authority established under section 193;

"building" includes structure, temporary building, temporary structure and any part of a building or structure;

S. 3(1) def. of Building account inserted by No. 15/2016 s. 16(3).

"Building account" means the Building account of the Victorian Building Authority Fund under Part 12;

Building Advisory Council means the Building Advisory Council under Part 12;

Building Appeals Board means the Building Appeals Board under Part 10;

S. 3(1) def. of Building Code of Australia inserted by No. 34/1997 s. 4, amended by No. 66/2004 s. 3(2), substituted by No. 5/2011 s. 3(2).

"Building Code of Australia" means the Building Code of Australia comprising—

        (a)     Volume One of the National Construction Code Series including any variations or additions in the Appendix Victoria set out in the Appendices to that Volume; and

        (b)     Volume Two of the National Construction Code Series including any Victoria additions set out in Appendix A of that Volume;

S. 3(1) def. of Building Practitioners Board repealed by No. 15/2016 s. 16(1).

    *     *     *     *     *

S. 3(1) def. of building practitioner amended by Nos 91/1995 s. 136(a)
(i)–(iii), 35/2004 s. 34(1) (as amended by No. 66/2004 s. 21).

building practitioner means—

        (a)     a building surveyor; or

        (b)     a building inspector; or

        (c)     a quantity surveyor; or

        (d)     an engineer engaged in the building industry; or

        (e)     a draftsperson who carries on a business of preparing plans for building work or preparing documentation relating to permits or permit applications; or

        (f)     a builder including a domestic builder; or

        (g)     a person who erects or supervises the erection of prescribed temporary structures; or

        (h)     a person responsible for a building project or any stage of a building project and who belongs to a class or category of people prescribed to be building practitioners—

but does not include—

              (i)     an architect; or

        (j)     a person (other than a domestic builder) who does not carry on the business of building [1] ; or

    *     *     *     *     *

Building Regulations Advisory Committee means the Building Regulations Advisory Committee under Part 12;

building regulations means regulations made under Part 2;

"building work" means work for or in connection with the construction, demolition or removal of a building;

S. 3(1) def. of business day inserted by No. 39/1996 s. 3.

"business day" means a day that is not—

        (a)     a Saturday or Sunday; or

        (b)     a day that is wholly or partly observed as a public holiday throughout Victoria;

S. 3(1) def. of certificate of consent inserted by No. 66/2004 s. 3(1).

"certificate of consent" means a certificate of consent under Division 3A of Part 3;

S. 3(1) def. of certificate of registration inserted by No. 46/2018 s. 30.

"certificate of registration" means the certificate of registration issued to a building practitioner under section 171G;

S. 3(1) def. of Chief
Commis-sioner inserted by No. 34/2013 s. 3(a).

"Chief Commissioner" means the person appointed to the VBA Board as Chief Commissioner;

S. 3(1) def. of chief executive officer inserted by No. 34/2013 s. 3(a).

"chief executive officer" means the chief executive officer of the Authority;

S. 3(1) def. of chief officer inserted by No. 66/2004 s. 3(1).

"chief officer" means—

        (a)     in relation to the metropolitan fire district under the Metropolitan Fire Brigades Act 1958 , the Chief Officer of the Metropolitan Fire and Emergency Services; and

        (b)     in relation to any building or land outside the metropolitan fire district, the Chief Officer of the Country Fire Authority under the Country Fire Authority Act 1958 ;

S. 3(1) def. of code of conduct inserted by No. 15/2016 s. 16(4).

"code of conduct" means a code of conduct for building practitioners approved under Division 2 of Part 11;

S. 3(1) def. of collecting agency inserted by No. 7/2018 s. 21.

"collecting agency" has the same meaning as in Part 3AB of the Planning and Environment Act 1987 ;

S. 3(1) def. of Commission amended by No. 68/2001 s. 3(1)(a), repealed by No. 34/2013 s. 17(a).

    *     *     *     *     *

S. 3(1) def. of Commis-sioner amended by No. 68/2001 s. 3(1)(b), substituted by No. 34/2013 s. 3(b).

"Commissioner" means the Chief Commissioner, the Deputy Chief Commissioner or a Commissioner appointed to the VBA Board;

"conduct", in relation to a public entertainment, means to have a direct pecuniary interest in the proceeds or profits of the entertainment;

"construct", in relation to a building, includes—

        (a)     build, re-build, erect or re-erect the building; and

        (b)     repair the building; and

        (c)     make alterations to the building; and

        (d)     enlarge or extend the building; and

        (e)     place or relocate the building on land;

S. 3(1) def. of cooling tower inserted by No. 85/2000 s. 3, substituted by No. 46/2008 s. 248(2).

"cooling tower" has the same meaning as it has in section 3(1) of the Public Health and Wellbeing Act 2008 ;

S. 3(1) def. of cooling tower system inserted by No. 85/2000 s. 3, substituted by No. 46/2008 s. 248(2).

"cooling tower system" has the same meaning as it has in section 3(1) of the Public Health and Wellbeing Act 2008 ;

"council" means a council within the meaning of the Local Government Act 1989 ;

S. 3(1) def. of decision substituted by No. 15/2016 s. 16(2)(a).

"decision", in relation to a matter in relation to which an application for review or appeal can be made to the Building Appeals Board, the Authority or VCAT, includes failure to decide;

S. 3(1) def. of decision - maker substituted by No. 15/2016 s. 16(2)(b).

"decision-maker", in relation to a matter in relation to which an application for review or appeal can be made to the Building Appeals Board, the Authority or VCAT, means the person or body whose decision may be the subject of that review or appeal;

S. 3(1) def. of designated building surveyor inserted by No. 21/2017 s. 3(1).

designated building surveyor has the meaning set out in section 80A(2);

S. 3(1) def. of destructive testing inserted by No. 46/2018 s. 30.

"destructive testing", in relation to a building material or product used or to be used in the construction of a building, means testing of that material or product that will or is likely to cause the destruction of that material or product;

S. 3(1) def. of development agency inserted by No. 7/2018 s. 21.

"development agency" has the same meaning as in Part 3AB of the Planning and Environment Act 1987 ;

S. 3(1) def. of direction to fix building work inserted by No. 21/2017 s. 18(1).

"direction to fix building work" has the same meaning as it has in section 37;

S. 3(1) def. of dispute resolution order inserted by No. 15/2016 s. 59.

"dispute resolution order" has the same meaning as it has in the Domestic Building Contracts Act 1995 ;

S. 3(1) def. of domestic builder inserted by No. 91/1995 s. 136(b), amended by No. 52/1998 s. 311(Sch. 1 item 10.1).

domestic builder means a builder within the meaning of the Domestic Building Contracts Act 1995 ;

S. 3(1) def. of domestic building work inserted by No. 91/1995 s. 136(b), amended by No. 52/1998 s. 311(Sch. 1 item 10.1).

"domestic building work" has the same meaning as it has in the Domestic Building Contracts Act 1995 ;

S. 3(1) def. of domestic building work dispute inserted by No. 15/2016 s. 59.

"domestic building work dispute" has the same meaning as it has in the Domestic Building Contracts Act 1995 ;

S. 3(1) def. of domestic partner inserted by No. 21/2017 s. 3(1).

"domestic partner" of a person means—

        (a)     a person who is in a registered domestic relationship with the person; or

        (b)     a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);

S. 3(1) def. of Energy Safe inspector inserted by No. 21/2017 s. 3(1).

"Energy Safe inspector" means an inspector appointed under section 86 of the Gas Safety Act 1997 ;

S. 3(1) def. of Energy Safe Victoria inserted by No. 21/2017 s. 3(1).

"Energy Safe Victoria" has the same meaning as it has in the Energy Safe Victoria Act 2005 ;

S. 3(1) def. of excluded person inserted by No. 21/2017 s. 3(1).

excluded person has the meaning set out in section 171F ;

S. 3(1) def. of external wall cladding product inserted by No. 46/2018 s. 30.

"external wall cladding product" means any product or material that is, or could be, used on or in the external wall of a building (including an attachment or ancillary element), but excluding any product or material that the regulations state is not an external wall cladding
product;

"function" includes power, authority and duty;

S. 3(1) def. of high risk external wall cladding product inserted by No. 46/2018 s. 30.

"high risk external wall cladding product" means an external wall cladding product that is the subject of a declaration prohibiting its use under section 192B;

S. 3(1) def. of infrastructure contribution inserted by No. 7/2018 s. 21.

"infrastructure contribution" has the same meaning as in Part 3AB of the Planning and Environment Act 1987 ;

S. 3(1) def. of insured architect inserted by No. 35/2004 s. 34(2),

insured architect means an architect who is registered under the Architects Act 1991 and who is covered by the required insurance under that Act;

S. 3(1) def. of insurer inserted by No. 91/1995 s. 136(c), substituted by No. 52/2005 s. 29, amended by No. 21/2017 s. 72(1)(b).

"insurer" includes the Victorian Managed Insurance Authority;

S. 3(1) def. of Legionella inserted by No. 85/2000 s. 3, repealed by No. 46/2008 s. 248(1).

    *     *     *     *     *

S. 3(1) def. of lot
inserted by No. 85/2000 s. 3, repealed by No. 46/2008 s. 248(1).

    *     *     *     *     *

S. 3(1) def. of lot affected by an owners corporation inserted by No. 21/2017 s. 18(1).

lot affected by an owners corporation has the same meaning as it has in the Owners Corporations Act 2006 ;

S. 3(1) def. of major domestic building contract inserted by No. 91/1995 s. 136(c), amended by No. 52/1998 s. 311(Sch. 1 item 10.1).

"major domestic building contract" has the same meaning as it has in the Domestic Building Contracts Act 1995 ;

mandatory notification stage means a prescribed stage of building work;

municipal building surveyor means a person for the time being appointed, employed or nominated by a council as its municipal building surveyor for the purposes of this Act;

S. 3(1) def. of National Construction Code Series inserted by No. 5/2011 s. 3(1).

"National Construction Code Series" means the National Construction Code Series published by the Australian Building Codes Board as amended or remade from time to time;

S. 3(1) def. of nominee director inserted by No. 21/2017 s. 3(1).

"nominee director", in relation to a body corporate, means a director of the body corporate nominated by the body corporate as a nominee director under Division 1A of Part 11;

S. 3(1) def. of officer inserted by No. 15/2016 s. 16(4).

"officer", in relation to a body corporate, has the same meaning as officer of a corporation has in section 9 of the Corporations Act;

S. 3(1) def. of owner amended by No. 85/1998 s. 24(Sch. item 6.1(a)(b)).

"owner"—

        (a)     in relation to land which has been alienated in fee by the Crown and is under the operation of the Transfer of Land Act 1958 , (other than land in an identified folio under that Act) means the person who is registered or entitled to be registered as proprietor, or the persons who are registered or entitled to be registered as proprietors, of an estate in fee simple in the land; and

        (b)     in relation to land which has been alienated in fee by the Crown and is land in an identified folio under the Transfer of Land Act 1958 or land not under the operation of the Transfer of Land Act 1958 , means the person who is the owner, or the persons who are the owners, of the fee or equity of redemption; and

        (c)     in relation to Crown land reserved under the Crown Land ( Reserves ) Act 1978 and managed or controlled by a committee of management, means the Minister administering that Act; and

        (d)     in relation to any other Crown land, means the Minister or public authority that manages or controls the land;

owner in relation to a building, means the owner of the land on which a building is situated [2] ;

S. 3(1) def. of owners corporation inserted by No. 21/2017 s. 18(1).

"owners corporation" has the same meaning as it has in the Owners Corporations Act 2006 ;

permit means building permit or occupancy permit;

place of public entertainment means—

        (a)     a prescribed building or building in a prescribed class of buildings which is used or intended to be used for the purpose of providing public entertainment; or

        (b)     a prescribed place or place in a prescribed class of places—

              (i)     which is enclosed or substantially enclosed; or

              (ii)     to which admission can be gained by payment of money or the giving of other consideration—

and which is used or intended to be used for the purpose of providing public entertainment;

S. 3(1) def. of Plumbing Advisory Council inserted by No. 34/2013 s. 3(a).

"Plumbing Advisory Council" means the Plumbing Advisory Council under Part 12;

S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 9.1).

"police officer" has the same meaning as in the Victoria Police Act 2013 ;

prescribed temporary structure includes a temporary structure in a prescribed class of temporary structures;

S. 3(1) def. of prescribed testing authority inserted by No. 46/2018 s. 30.

"prescribed testing authority" means—

        (a)     an organisation accredited by the National Association of Testing Authorities ACN 004 379 748 to conduct the destructive testing of building materials or products; and

        (b)     any other person or body prescribed in the regulations to conduct destructive testing of building materials or products;

S. 3(1) def. of private building surveyor amended by No. 71/1995 s. 7(2).

private building surveyor means a building surveyor registered under Part 11 other than—

        (a)     a municipal building surveyor; or

        (b)     an officer or employee of the Crown or a public authority; or

        (c)     a building surveyor authorised under section 191, 192 or 221

in his or her capacity as such a municipal building surveyor, officer, employee or authorised building surveyor;

"proceeding", in relation to a proceeding of the Building Appeals Board, means—

        (a)     an appeal to that Board under Divisions 1 and 2 of Part 10; or

        (b)     a matter referred to that Board under Division 3 of that Part; or

        (c)     an application to that Board under Division 4 of that Part; or

        (d)     any other matter within that Board's jurisdiction that, by the Act or regulation conferring the jurisdiction, is declared to be a proceeding;

protection work means—

        (a)     permanent or temporary work of—

              (i)     underpinning, including the provision of vertical support, lateral support, protection against variation in earth pressures, provision of ground anchors and other support for adjoining property; or

              (ii)     shoring up of adjoining property; or

              (iii)     overhead protection for adjoining property; or

              (iv)     other work designed to maintain the stability of adjoining property or to protect adjoining property from damage from building work; or

        (b)     any work or use of equipment necessary for the provision, maintenance and removal of work referred to in paragraph (a)—

whether or not the work or equipment is carried out or used on, over, under or in the air space above the land on which the building work is or is to be carried out or the adjoining property;

public authority means a body established for a public purpose by or under an Act and includes a council;

"public entertainment" means an entertainment or meeting to which admission may ordinarily be gained by members of the public;

S. 3(1) def. of registered body corporate inserted by No. 21/2017 s. 3(1).

"registered body corporate" means a body corporate registered as a building practitioner under this Act;

registered building practitioner means a building practitioner registered under Part 11;

S. 3(1) def. of registration card inserted by No. 46/2018 s. 30.

"registration card" means the registration card issued to a building practitioner under section 171GA;

S. 3(1) def. of related body corporate inserted by No. 15/2016 s. 16(4), substituted by No. 21/2017 s. 3(2).

"related body corporate", in relation to a body corporate, means a body corporate that would under section 4A(5) of the Competition and Consumer Act 2010 of the Commonwealth be taken to be related to that body corporate;

S. 3(1) def. of relevant building surveyor amended by No. 34/2013 s. 17(b).

"relevant building surveyor"—

        (a)     in relation to an application to, or permit, approval, inspection, direction, notice or order issued or given by, a municipal building surveyor, means the municipal building surveyor; and

        (b)     in relation to an application to, or permit, approval, inspection, direction, notice or order issued or given by, a private building surveyor, means the private building surveyor; and

        (c)     in relation to the carrying out by the Authority of the functions of a municipal building surveyor or a function specified in section 205P, means the Authority; and

        (d)     in relation to the carrying out by a building surveyor authorised under section 191, 192 or 221 of the functions of a municipal building surveyor, means the authorised building surveyor;

"relevant council", in relation to a building or land, means the council of the municipal district in which the building or land is situated;

S. 3(1) def. of reporting authority amended by No. 28/2000 s. 12.

"reporting authority" means a body or person (other than a municipal building surveyor or private building surveyor to whom an application is made) that is required by this Act or the regulations or by any other Act or regulations to report on or consent to an application for a permit;

S. 3(1) def. of required insurance inserted by No. 91/1995 s. 136(d), substituted by No. 102/2003 s. 41.

"required insurance" means the insurance required by order under section 135 and, in the case of insurance to which section 137AA applies, complying with section 137AA;

S. 3(1) def. of risk management plan inserted by No. 85/2000 s. 3, repealed by No. 46/2008 s. 248(1).

    *     *     *     *     *

S. 3(1) def. of risk management plan audit inserted by No. 85/2000 s. 3, repealed by No. 46/2008 s. 248(1).

    *     *     *     *     *

S. 3(1) def. of Secretary
to the Department
of Health inserted by No. 29/2010 s. 48(1).

"Secretary to the Department of Health" means the Department Head (within the meaning of the Public Administration Act 2004 ) of the Department of Health;

S. 3(1) def. of show cause notice inserted by No. 15/2016 s. 16(4).

"show cause notice" means a show cause notice under section 182 ;

S. 3(1) def. of spouse inserted by No. 21/2017 s. 3(1).

"spouse" of a person means a person to whom the person is married;

S. 3(1) def. of subsidiary inserted by No. 21/2017 s. 3(1).

"subsidiary", in relation to a body corporate, has the meaning set out in section 4A of the Competition and Consumer Act 2010 of the Commonwealth;

temporary structure includes—

        (a)     a booth, tent, marquee or other temporary enclosure, whether or not a part of the booth, tent, marquee or enclosure is permanent; or

        (b)     a seating structure whether enclosed or not, including a mobile seating structure;

S. 3(1) def. of VBA Board inserted by No. 34/2013 s. 3(a), amended by No. 21/2017 s. 72(1)(c).

"VBA Board" means the Victorian Building Authority Board established under section 200;

S. 3(1) def. of VBA inspector inserted by No. 21/2017 s. 18(2).

"VBA inspector" means a person appointed under section 204A ;

S. 3(1) def. of Victorian Managed Insurance Authority inserted by No. 21/2017 s. 72(1)(a).

"Victorian Managed Insurance Authority" has the same meaning as it has in the Victorian Managed Insurance Authority Act 1996 .

    (2)     In Part 7 a reference to the owner is a reference to the owner of land on which building work is proposed to be or is carried out.

S. 3(3) inserted by No. 21/2017 s. 3(3).

    (3)     For the purposes of the definition of domestic partner in subsection (1)—

        (a)     registered domestic relationship has the same meaning as it has in the  Relationships Act 2008 ; and

        (b)     in determining whether persons who are not in a registered domestic relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.

S. 4
amended by Nos 39/1996 s. 4, 85/2000 s. 4, substituted by No. 54/2007 s. 4.



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