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BUILDING ACT 1993 - SCHEDULE 8

Schedule 8—Transitional and savings provisions relating to the Building Legislation Amendment (Consumer Protection) Act 2016

Section 273

Part 1—Preliminary

        1     Definitions

In this Schedule—

"amending Act" means the Building Legislation Amendment (Consumer Protection) Act 2016 ;

"new provision" means a provision of this Act as in force on or after the relevant commencement day;

"old provision" means a provision of this Act as in force before the relevant commencement day;

"relevant commencement day" means—

        (a)     in relation to Part 2, the day on which Division 2 of Part 3 of the Building Legislation Amendment (Consumer Protection) Act 2016 comes into operation; and

        (b)     in relation to Part 3, the day on which section 22 of the Building Legislation Amendment (Consumer Protection) Act 2016 comes into operation.

        2     General transitional provisions

    (1)     This Schedule does not affect or take away from the Interpretation of Legislation Act 1984 .

    (2)     If this Part provides that an old provision continues to apply to any matter or thing, then any regulation or other instrument having effect for the purposes of that provision also continues to apply to that matter or thing.

    (3)     This Schedule applies despite anything to the contrary in this Act.

Part 2—Building Practitioners Board

        3     Abolition of Building Practitioners Board

    (1)     On the relevant commencement day—

        (a)     the Building Practitioners Board is abolished and its members go out of office; and

        (b)     any subcommittee of the Building Practitioners Board is abolished and its members go out of office.

    (2)     Subclause (1) does not affect any other provisions of this Part—

        (a)     dealing with proceedings before the Building Practitioners Board; or

        (b)     providing for the Building Practitioners Board to continue for certain purposes.

    (3)     If, under this Part, the Building Practitioners Board continues for certain purposes, the old provisions relating to the membership and procedure of the Board continue to apply for those purposes.

        4     Proceedings—Building Practitioners Board

    (1)     If, before the relevant commencement day, the Building Practitioners Board had commenced an inquiry into the conduct of a building practitioner but the Board had not determined the inquiry, the Board may continue and determine the inquiry in accordance with the old provisions.

    (2)     A determination of the Building Practitioners Board referred to in subclause (1) is taken—

        (a)     in the case of a decision under section 179 of the old provisions, to be a decision of the Authority under section 182E of the new provisions; or

        (b)     in the case of a decision under section 180 of the old provisions, to be a decision of the Authority under section 181 of the new provisions.

    (3)     An application for a review that has been made under section 182A of the old provisions but not determined before the relevant commencement day may be continued and completed in accordance with the old provisions.

    (4)     If the time within which an application for review could be made under section 182A of the old provisions had not expired before the relevant commencement day, the application may be made and dealt with in accordance with the old provisions.

    (5)     Any costs incurred by the Authority in administering this Part, including the remuneration and allowances of members of the Building Practitioners Board continuing and completing an inquiry or proceedings under this Part, must be paid out of the Building account.

Note to Sch. 8 cl. 4 inserted by No. 3/2020 s. 40.

Note

Clause 4 has been amended referentially by further transitional provisions in section 280 which relate to the transfer of the conduct of any outstanding inquiries from the Building Practitioners Board to the Authority with effect from the commencement day of section 280.

        5     Proceedings against the members of the Building Practitioners Board

On the relevant commencement day, the Authority is substituted for the members of the Building Practitioners Board as a party in any proceedings against the Board or its members in their capacity as such.

        6     Decisions and actions of Building Practitioners Board

On the relevant commencement day, all decisions and actions taken by the Building Practitioners Board under this Act before the relevant commencement day are taken to be decisions and actions taken by the Authority in relation to any period on or after the relevant commencement day.

        7     Certificates of consent

Without limiting clause 6, a certificate of consent issued by the Building Practitioners Board under Division 3A of Part 3 and existing immediately before the relevant commencement day is taken on and after that day to be a certificate of consent issued by the Authority under that Division.

        8     Register of certificates of consent

The register of certificates of consent kept under section 25H immediately before the relevant commencement day is taken on and after that day to form part of the register of certificates of consent required to be kept by the Authority under that section.

        9     References to Building Practitioners Board

On and from the relevant commencement day, in any Act (other than this Act or an old provision continued by this Part) or in any instrument made under any Act or in any other document of any kind, a reference to the Building Practitioners Board is taken to be a reference to the Authority in relation to any period on or after that day unless a contrary intention appears.

Part 3—Building practitioners

        10     Expiry of existing registration

    (1)     This clause applies to a person who was registered under Part 11 as a building practitioner immediately before the relevant commencement day.

    (2)     The registration of the registered building practitioner (unless cancelled sooner) expires on the anniversary of that registration that occurs in the financial year set out in column 2 of the Table opposite the class of practitioner in column 1 of the Table to which the practitioner belongs.

    (3)     The registered building practitioner may apply under Part 11 for the renewal of the registration and for that purpose the practitioner is taken to hold the prescribed qualifications for the registration.

    (4)     If the registered building practitioner was taken by clause 19 of Schedule 4 to be registered, a reference in this clause to the anniversary of the registration of the practitioner is taken to be a reference to the anniversary of the date of issue of the building practitioner's certificate under clause 19(6) of Schedule 4 unless the registration currently held by the building practitioner was granted after the date of issue of that certificate.

Class of building practitioner

Financial year

Practitioners first registered in a year ending in zero or 5

Financial year commencing 1 July 2017

Practitioners first registered in a year ending in 1 or 6

Financial year commencing 1 July 2018

Class of building practitioner

Financial year

Practitioners first registered in a year ending in 2 or 7

Financial year commencing 1 July 2019

Practitioners first registered in a year ending in 3 or 8

Financial year commencing 1 July 2020

Practitioners first registered in a year ending in 4 or 9

Financial year commencing 1 July 2021

Part 4—Building surveyors

        11     Circumstances in which private building surveyor may not act

    (1)     The amendments made to section 79(1) by section 39(1) of the amending Act apply only in relation to a matter referred to in section 79(1)(a) to (d) that occurs on or after the commencement of that section 39.

    (2)     The amendment made to section 79 by section 39(2) of the amending Act apply only in relation to a conflict of interest that arises on or after the commencement of that section 39.

        12     Recovery of money from private building surveyor

Section 83V as inserted by section 41 of the amending Act applies in relation to money paid to a private building surveyor appointed under Part 6 before, on or after the commencement of that section 41.

        13     Further limitations on issue of building permit

    (1)     The amendments made to section 24A by section 45 of the amending Act apply only in relation to an application for a building permit accepted by the relevant building surveyor on or after the commencement of that section 45.

    (2)     The amendments made to section 24A by section 46 of the amending Act apply only in relation to an application for a building permit accepted by the relevant building surveyor on or after the commencement of that section 46.

        14     Certifying of documents given to relevant council

Section 30B as inserted by section 47 of the amending Act applies only in relation to a building permit issued by the relevant building surveyor on or after the commencement of that section 47.

        15     Directions under section 37

Section 37 as in force immediately before the commencement of section 49 of the amending Act continues to apply in relation to any direction given before the commencement of that section 49.

Part 5—Dispute resolution

        16     Reports of inspectors

Despite the repeal of section 241B by section 68 of the amending Act, section 241B continues to apply to any report of an inspector given to the Authority before the commencement of that section 68.

Part 6—General

Sch. 8 cl. 17 repealed by No. 126/1993 Sch. 8 cl. 17(5).

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Sch. 9 inserted by No. 37/2016 s. 8.



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