Victorian Current Acts Victorian Current Acts(1) Subject to subsection (2), a private building surveyor (the transferring building surveyor ) may transfer all functions under this Act or the building regulations that relate to building work in respect of which the transferring building surveyor has been appointed to another private building surveyor or a municipal building surveyor (the new relevant building surveyor ).
(2) A transfer may not be effected under subsection (1) unless the person who appointed the transferring building surveyor and the new relevant building surveyor both agree to the transfer of the functions.
(3) A transfer under subsection (1) may be for a period of time or permanently.
(4) A transfer under subsection (1) has no effect unless—
(a) the transfer is made in a form approved by the Authority; and
(b) a copy of the transfer form is given by the transferring building surveyor to the new relevant building surveyor; and
S. 80C(4)(c) amended by No. 43/2024 s. 27(1).
(c) the new relevant building surveyor gives a copy of the transfer form to the Authority.
S. 80C(4A) inserted by No. 43/2024 s. 27(2).
(4A) After receiving a copy of a transfer form from the new relevant building surveyor under subsection (4)(c), the Authority must notify the relevant council as soon as is practicable of the transfer under subsection (1).
(5) A transfer under subsection (1) takes effect on the latest of the following dates—
(a) the date a copy of the transfer form is given to the Authority;
S. 80C(5)(b) repealed by No. 43/2024 s. 27(3).
* * * * *
(c) the date specified in the transfer form (if any) on which the transfer is to take effect.
(6) On a transfer of the functions under subsection (1) taking effect—
(a) the appointment of the transferring building surveyor under section 76 in respect of the functions is taken to be terminated; and
(b) the new relevant building surveyor is taken to be appointed in respect of the functions by the person who appointed the transferring building surveyor.
(7) If a transfer of the functions under subsection (1) is not permanent, at the end of the period of transfer—
(a) the appointment of the new relevant building surveyor is taken to be terminated in respect of the functions; and
(b) the transferring building surveyor is taken to be appointed in respect of the functions by the same person who had appointed the transferring building surveyor before the transfer.
(8) The new relevant building surveyor to whom the functions relating to building work are transferred under subsection (1) must give a copy of the transfer form to the person who appointed the transferring building surveyor and to the builder engaged to carry out the building work.
Penalty: 50 penalty units, in the case of a natural person;
250 penalty units, in the case of a corporation.
S. 80D inserted by No. 21/2017 s. 29.