Victorian Current Acts Victorian Current ActsSchedule 11—Transitional and savings provisions relating to the Building and Environment Protection Legislation Amendment Act 2020
Part 1—Preliminary
1 Definitions
In this Schedule—
"accreditation holder" means the person issued with a certificate of accreditation for a building product accredited by the Building Regulations Advisory Committee or any other person or body prescribed for the purposes of section 14(1);
amending Act means the Building and Environment Protection Legislation Amendment Act 2020 ;
"building product" means a building product, construction method, design, component or system connected with building work.
2 General transitional provisions
(1) This Schedule does not affect or take away from the Interpretation of Legislation Act 1984 .
(2) This Schedule applies despite anything to the contrary in this Act.
Part 2—Accreditation of building products
3 Building products accredited on or after 1 January 2019
If a building product is accredited by the Building Regulations Advisory Committee or any other person or body prescribed for the purposes of section 14(1) on or after 1 January 2019 and before the commencement of section 20 of the amending Act—
(a) the accreditation is taken to expire 3 years after the date of accreditation; and
(b) the Committee, person or body (as the case requires) must, within 60 days after the commencement of section 20 of the amending Act, give a written notice to the accreditation holder advising the holder of the expiry date of the accreditation and that the holder may apply for a renewal of the accreditation in accordance with this Act and the regulations.
4 Building products accredited before 1 January 2019
(1) This clause applies in relation to a building product that has been accredited by the Building Regulations Advisory Committee or any other person or body prescribed for the purposes of section 14(1) before 1 January 2019.
(2) The Committee, person or body (as the case requires) must, within 60 days after the commencement of section 20 of the amending Act, give a written notice to the accreditation holder—
(a) requesting confirmation from the holder within 60 days after the notice is given that the accreditation is still required by the holder; and
(b) advising the holder that the accreditation will be revoked at the end of 6 months after the notice is given unless the holder has confirmed within the 60 day period that the accreditation is still required.
(3) The Committee, person or body (as the case requires) must publish a notice on the Authority's website and in a newspaper circulating generally in Victoria stating—
(a) that confirmation is required from each accreditation holder within 60 days after the notice is published that the accreditation is still required; and
(b) advising that every accreditation will be revoked at the end of 6 months after the notice is published unless the accreditation holder has within the 60 day period confirmed that the accreditation is still required by the holder.
(4) If an accreditation holder has confirmed that the accreditation is still required within the 60 day period, the Committee, person or body (as the case requires) must—
(a) issue a new certificate of accreditation in accordance with the regulations specifying that the accreditation will expire 3 years after the date of the issue of the certificate; and
(b) give a written notice to the accreditation holder that the accreditation will expire at the end of the 3 year period accompanied by the certificate of accreditation.
(5) If an accreditation holder does not, within the 60 day period, confirm that the accreditation is still required, the accreditation is revoked by virtue of this provision.
(6) The Committee, person or body (as the case requires) must—
(a) give a written notice to any person who had been the holder of an accreditation revoked under subclause (5) informing the person that the accreditation has been revoked and the date of the revocation; and
(b) publish a list of all the accreditations revoked under subclause (5) on the Authority's website and in a newspaper circulating generally in Victoria.
Part 3—Abolition of Building Advisory Council
5 Abolition of Building Advisory Council
On the commencement of section 25 of the amending Act—
(a) all members of the Building Advisory Council other than the member nominated under section 207(2)(ba) go out of office; and
(b) the member of the Building Advisory Council nominated under section 207(2)(ba) is taken to be a member appointed to the Building Regulations Advisory Committee under section 210 for the remainder of the member's term of office with the Building Advisory Council before its abolition.
Part 4—Membership of the Building Regulations Advisory Committee
6 Membership of Building Regulations Advisory Committee
Despite the changes made to its membership by section 28 of the amending Act, the Building Regulations Advisory Committee is taken to be the same body and continues in operation subject to this Act.
Í Í Í Í Í Í Í Í Í Í Í Í Í Í Í