Friday, 14 August 2026

Clause 1 further considered (14:01)

Melina BATH: I move:

1.   Clause 1, page 5, lines 10 to 15, omit all words and expressions on these lines.

This amendment from my colleague Ms Jade Benham looks, very importantly, at the Motor Car Traders Claims Committee, and indeed this is about ultimately repealing what the government seeks to insert. It removes the bill’s stated purpose of abolishing the Motor Car Traders Claims Committee. It retains that committee. It removes the provisions of transferring the claim determination to the director of Consumer Affairs Victoria (CAV) and other associated changes. It removes the division heading associated with abolishing the committee. What we want to achieve with this is we want to retain – and it is not we per se; it is after consultation fairly broadly by my shadow minister – the independent Motor Car Traders Claims Committee and reject the bill’s proposal to transfer the guaranteed fund claims decisions to consumer affairs. We want to preserve specialist independent decision-making for those consumer claims.

Ingrid STITT: The government does not support the proposed amendment to omit division 1, part 12. Abolishing the committee will not detrimentally impact the outcomes for consumers or traders from the claims process. The director of CAV is bound by legislative obligations, including under the Public Administration Act 2004, which requires the director to uphold high standards and public sector values like integrity and impartiality. The director must also submit an annual report to the minister each year, which is tabled in Parliament and includes information on the number of admitted claims and the total amount that was paid out that year. Like the committee, the director will have responsibilities and access to support and expert advice on discharging functions in relation to the claims process. This can include advice and information on claims from any person or body or source as it thinks fit. This will ensure the director can seek expert advice, including from industry, to assist in determining claims.

Aiv PUGLIELLI: Acknowledging what I think is good intent in the preparation of this amendment and the approach with which it has been brought forward, I think from the Greens’ perspective this will just come down to a difference of opinion in ways forward with respect to this committee. While I am loath generally to support a number of things that have come out of the Silver review, there is a role for centralisation in some parts of government and the way the departments work, and in this particular instance we are not opposed to the change brought forward by the government.

The DEPUTY PRESIDENT: The question is that Ms Bath’s amendment 1 on her sheet MB38C, which tests all the other amendments on that sheet, be agreed to.

Council divided on amendment:

Melina BATH: I move:

1.   Clause 1, page 4, lines 25 to 28, omit all words and expressions on those lines.

The rationale behind this is this removes the bill’s changes to the section 27 deposit releases and retains the current statutory protections in the Sale of Land Act 1962. These amendments preserve that longstanding section 27 deposit release framework, where purchasers currently benefit from statutory safeguards before the deposit can be released to a vendor. We believe that those protections should remain in the legislation rather than being replaced by contractual arrangements that may provide less certainty and consistency for consumers. We certainly want to ensure that there are those safeguards there.

Ingrid STITT: The government does not support the proposed amendment to retain section 27 of the Sale of Land Act, even in modernised form. The bill provides that vendors and purchasers are free to agree to a condition in the contract that facilitates the early release of the deposit. This is not a new concept. It is based on the New South Wales model, and it ensures that early release of a deposit is not simply taken as of right. The bill also removes the incentive for estate agents to apply undue pressure on vendors and purchasers to agree to release the deposit early by prohibiting estate agents from retaining their commission from the deposit prior to settlement. The government’s house amendment will also address stakeholder concerns by clarifying that agents may still be paid their commission prior to settlement if the vendor agrees to pay it. In addition, to ensure the industry has sufficient time to adjust to the new requirements, the house amendment provides for amendments relating to the early release of deposits to commence from 1 July 2027, a month later than currently provided for in the bill.

Aiv PUGLIELLI: Further to the comments made already by the minister, the Greens are supportive of the replacement that is being undertaken by government in the bill, and so we are not in a position to support the opposition’s amendment.

The DEPUTY PRESIDENT: The question is that Ms Bath’s amendment 1 on her sheet MB45C, which tests all the remaining amendments on that sheet, be agreed to.

Council divided on amendment:

The DEPUTY PRESIDENT: Minister Stitt, I invite you to move your amendment 1 on your sheet IS40C, which tests amendments 9, 21 to 24 and 32.

Ingrid STITT: I move:

1.   Clause 1, page 4, after line 28 insert –

“(iv) to make technical amendments in relation to off-the-plan contracts; and”.

This is a minor amendment being made to the Sale of Land Act 1962 to clarify the scope of rescission rights available to a purchaser under an off-the-plan contract for a lot in a residential apartment building, which are available in specified circumstances.

Aiv PUGLIELLI: The Greens will be supporting this amendment.

Amendment agreed to.

Ingrid STITT: I move:

2.   Clause 1, page 6, after line 3 insert –

“(kaa) to amend the Building Act 1993 in relation to developer bonds; and”.

3.   Clause 1, before line 4 insert –

“(kab) to amend the Building Act 1993 in relation to prefabrication work and prefabrication builders and to make consequential amendments to the Building and Plumbing Administration and Enforcement Act 2026; and”.

4.   Clause 1, before line 4 insert –

“(kac) to amend the Building Act 1993 in relation to complex plumbing work and to make consequential amendments to the Building and Plumbing Administration and Enforcement Act 2026; and”.

5.   Clause 1, before line 4 insert –

“(kad) to amend the Building Act 1993 and the Building and Plumbing Administration and Enforcement Act 2026 in relation to minor matters; and”.

6.   Clause 1, page 6, line 7, omit “1989.” and insert “1989; and”.

7.   Clause 1, page 6, after line 7 insert –

“(la) to amend the Domestic Building Contracts Amendment Act 2025 to delay its forced commencement date.”.

Amendments agreed to; amended clause agreed to.

Clause 2 (14:20)

Ingrid STITT: I move:

8.   Clause 2, line 11, omit “Parts 8, 10 and 11” and insert “Part 8, Part 10 and Part 11”.

9.   Clause 2, line 11, after “Part 8, ” insert “Division 2 of Part 9,”.

10.   Clause 2, line 11, before “come into operation” insert “and Division 3 of Part 12A”.

11.   Clause 2, line 11, before “come into operation” insert “and Division 4 of Part 12A”.

12.   Clause 2, line 11, before “come into operation” insert “and Division 5 of Part 12A (other than sections 178ZF and 178ZJ)”.

13.   Clause 2, line 11, before “come into operation” insert “and Part 12B”.

14.   Clause 2, line 25, after “Part 12” insert “and sections 178ZF and 178ZJ”.

15.   Clause 2, line 25, after “Part 12” insert “and Division 2 of Part 12A”.

16.   Clause 2, line 25, after “Part 12” insert “and Division 1 of Part 12A”.

17.   Clause 2, line 28, omit “and Part 12” and insert “, Part 12”.

18.   Clause 2, line 28, before “does not come” insert “or Division 1 of Part 12A”.

19.   Clause 2, line 28, before “does not come” insert “or Division 2 of Part 12A”.

20.   Clause 2, line 28, before “does not come” insert “or section 178ZF or section 178ZJ”.

Amendments agreed to.

Ingrid STITT: I move:

1.   Clause 2, line 16, omit “(5)” and insert “(5), (5A)”.

2.   Clause 2, line 24, omit “7” and insert “7, sections 106, 107 and 108”.

3.   Clause 2, after line 26 insert –

“(5A) If sections 106, 107 and 108 do not come into operation before 1 July 2027, those sections come into operation on that day.”.

This amendment is to provide industry with more time to implement these reforms, and the default commencement date for the early release of deposit moneys has been pushed back one month to 1 July 2027.

Amendments agreed to; amended clause agreed to; clauses 3 to 21 agreed to.

Clause 22 (14:23)

Melina BATH: I move:

1.   Clause 22, page 27, lines 5 to 8, omit all words and expressions on those lines.

I did go into this in quite some detail during my second-reading speech. These amendments as a whole remove the mandatory reserve price publication framework and associated reporting requirements. While we certainly support, without a doubt, transparency measures against underquoting, we are concerned that these provisions are overly prescriptive, risk unintended consequences, reduce vendor flexibility during auction campaigns and may disclose the use of auctions without delivering a clear consumer benefit.

Ingrid STITT: The government will not be supporting this amendment.

Aiv PUGLIELLI: The Greens take a different view to the opposition with respect to this matter, so we will not be supporting it.

The DEPUTY PRESIDENT: The question is that amendment 1 on Ms Bath’s sheet 41C, which tests all the remaining amendments on this sheet, be agreed to.

Council divided on amendment:

Clause 32 (14:30)

Aiv PUGLIELLI: I move:

2.   Clause 32, after line 11 insert –

‘(1A) For section 18(2) of the Owners Corporations Act 2006 substitute –

“(2)   If a matter may be resolved by an order of a court or tribunal for payment of an amount or relief that is no more than twice the total amount of the current annual fees set by an owners corporation under section 23, and the owners corporation is authorised to do so by ordinary resolution, the owners corporation may commence any proceeding in a court or tribunal that has jurisdiction to make an order of that nature.”.’.

3.   Clause 32, line 19, omit “any of the following courts or” and insert ‘a court or tribunal that has jurisdiction to make an order of that nature.”.’.

4.   Clause 32, lines 20 to 30, omit all words and expressions on these lines.

This amendment is with respect to legal proceedings for monetary matters. With respect to owners corporations, the amendment will lower the threshold for owners corporations to commence legal proceedings of a monetary nature up to a limit of twice the annual budget of the owners corporation. This sets a proportionate limit and allows the proceedings to be commenced at any court or tribunal by an ordinary resolution with a simple majority rather than a special resolution with 75 per cent support.

Ingrid STITT: The government will not be supporting this amendment. The amendments already proposed in the Consumer Legislation Amendment Bill 2026 clarify that an owners corporation may bring a non-monetary claim in VCAT or the Magistrates’ Court with the approval of an ordinary resolution by the owners corporation of at least 50 per cent of the lot owners in support, not a special resolution. This will give owners corporations certainty that they can enforce rules and resolve procedural matters as intended.

David DAVIS: I understand the amendment being moved by Mr Puglielli, and we will support that on this occasion. It does have significant merit. Minister, I just want to ask you a little about this issue. You read out some notes there indicating the ability to recover in any court. You listed a number of courts, and I certainly welcome them being relisted. But there have been a number of cases which have created some difficulty for owners corporations, specifically Nguyen & Ors at the Magistrates’ Court, 8 July 2025, in which the Magistrates’ Court decided not to take on a case and to send it back to VCAT. This has had the unfortunate effect – and there is another case of a similar nature, Owners Corporation v Buckley [2024] – of resulting in the Magistrates’ Court sending a case back to VCAT.

I think Mr Puglielli’s amendment goes a certain way to helping with that, but it does not fully clear up this issue. I understand it might be the government’s intent. It is certainly what I think most people in this house would want, that an owners corporation could get swift access to decision-making. This is actually in the interests, I think, of all parties; it is not in the interests of any party to have cases drift on. Without getting into a political thing about the delays in courts, there are some significant delays, and that is difficult for all parties to a particular dispute. You may be able to confirm that it is your understanding or the government’s understanding and intent that an owners corporation can bring those cases in the Magistrates’ Court in particular, or indeed elsewhere, and indicate whether in your view there is need for greater clarity on that.

Ingrid STITT: I will add to what I have already said in respect to Mr Puglielli’s amendment. The bill does not propose any changes to resolutions required for monetary claims. The existing section 18(2) will continue to apply. This provision allows an owners corporation to commence legal proceedings for a monetary matter that is below the civil jurisdictional limit of the Magistrates’ Court – currently $100,000 – in VCAT or any other tribunal or a corresponding court in another state or territory. It is important to note that higher legal costs are associated with higher courts, and it is not appropriate to authorise legal proceedings in the County Court or the Supreme Court with an ordinary resolution due to the high associated legal costs, even for a small claim, and the risks of costs being awarded if the case is not successful. It is appropriate that an owners corporation requires significant lot owner support by special resolution before commencing any legal proceeding in these courts.

David DAVIS: In summary, the County Court and Supreme Court are not easily open, is what you are saying, but the Magistrates’ Court is, and that does provide an opportunity to resolve these disputes sometimes more expeditiously than VCAT, just because of delays.

Ingrid STITT: I do not think that I am in a position to comment on the courts’ timeframes of dealing with their court lists, but I have just indicated the government’s view around why we are not supportive of Mr Puglielli’s amendment and outlined for you the reasons why we believe that the current limits are appropriate. Also, for more complex claims we think it is appropriate that there be a 75 per cent occupier approval requirement.

Aiv PUGLIELLI: I would like to thank the opposition for their support with respect to this amendment and their constructive approach. As David Davis has spoken to, there are a number of people for whom this has come up as an issue. We have engaged with people involved in owners corporation committees from across Melbourne, including Box Hill in my electorate – these larger estate-type owners corporations who have run into these issues, who have sought to raise monetary matters through legal proceedings, and they have faced barriers in doing so. So we are seeking to address that via this amendment. We, again, thank the chamber for their support.

David DAVIS: I thank Mr Puglielli for his points there. It is worth noting that in the materials circulated to many members by the Strata Community Association they state their position on page 3:

The Bill should expressly confirm that an owners corporation may recover money owed by a lot owner through VCAT, the Magistrates’ Court or any other court or tribunal of competent jurisdiction. The payment plan and hardship protections in the Act should apply regardless of the forum used.

We certainly do take that view that there should be opportunities, and in fact what has occurred here repeatedly is delays. I will just quote a little bit further from that paper:

Owners corporations may face lengthy delays before obtaining a hearing, during which unpaid fees and charges continue to affect cash flow and the owners corporation’s ability to fund insurance, maintenance, repairs and essential services. The financial burden is then carried by the lot owners who continue to pay their fees on time …

and so forth. We think this is an area that may require further exploration and further clarification into the future. We accept that it is one step – with Mr Puglielli – and I accept, Minister, that you indicated to the chamber that the Magistrates’ Court is available. But I think it may be that further clarification is required through amendment at a later point.

Council divided on amendments:

Clause 40 (14:46)

Melina BATH: I move:

1.   Clause 40, line 9, after “charge” insert “due and”.

2.   Clause 40, line 11, after “charge” insert “due and”.

3.   Clause 40, after line 28 insert –

“(1A) Before deciding to accept or refuse a request under subsection (1), the specified owners corporation must take into account the following –

(a)   any hardship experienced by the lot owner;

(b)   the lot owner’s capacity to pay the fees and charges the subject of the request;

(c)   any other arrangements the lot owner may make to repay the fees and charges;

(d)   the costs of insurance, safety, utilities expenses and solvency requirements of the specified owners corporation.”.

4.   Clause 40, page 53, after line 11 insert –

“32FA Contents of payment plan

A payment plan must set out the following details –

(a)   the total amount of fees or charges the subject of the payment plan;

(b)   the amount of any instalments for repayment of the fees or charges;

(c)   any interest payable on the fees or charges;

(d)   the consequences of complying with the payment plan, including a lot owner’s entitlement to vote and the effect of section 32HA;

(e)   the consequences of failing to comply with the terms of the payment plan.”.

5.   Clause 40, page 53, line 13, before “A specified” insert “(1)”.

6.   Clause 40, page 53, after line 16 insert –

“(2) In addition, an owners corporation may vary the terms of a payment plan for urgent repayment of the fees and charges subject to the payment plan in emergency circumstances, without the written agreement of the lot owner who is subject to the payment plan.

(3) An owners corporation must give written notice of a variation under subsection (2) to the lot owner who is subject to the payment plan within 28 days after the variation.”.

7.   Clause 40, page 53, after line 28 insert –

“32HA   Owners corporation committee may review payment plans

An owners corporation committee of a specified owners corporation may review a payment plan entered into by the specified owners corporation at a meeting of the committee.

32HB   Owners corporation must not recover debt if lot owner complying with terms of payment plan

If a specified owners corporation has entered a payment plan with a lot owner and the lot owner is complying with the terms of the payment plan, the specified owners corporation must not recover any amount owed under the payment plan including by employing or contracting a person who provides debt collection services.”.

These amendments make the new owners corporation payment plan a fairer scheme, a cleaner scheme and more balanced by requiring hardship to be considered, setting minimum payment plan contents, protecting owners who comply with payment plans and recognising the financial obligation of owners corporations.

Ingrid STITT: The government will not be supporting these amendments. They are not necessary. I went through in some detail during clause 1 the way in which the payment plan addresses a number of issues. I will not repeat myself, but the government will not be supporting this amendment.

Aiv PUGLIELLI: Earlier in the committee stage I raised a number of points around this area of progress into payment plans with respect to owners corporations. This particular amendment, however, while well intended, I do not think is the pathway that the Greens would seek to navigate to rectify these, so we will not be supporting it.

Amendments negatived; clause agreed to; clauses 41 to 43 agreed to.

New clause 43A (14:48)

Aiv PUGLIELLI: I move:

5.   Insert the following New Clause to follow clause 43 –

‘43A Restriction on number of lot owners on behalf of whom a proxy may vote on a resolution

For section 89D(1) of the Owners Corporations Act 2006 substitute –

“(1)   A person must not vote as a proxy on a resolution at a meeting of the owners corporation on behalf of more than one lot owner.”.’.

Ingrid STITT: The government will be supporting Mr Puglielli’s amendment.

Melina BATH: So will the Liberals and Nationals.

New clause agreed to; clauses 44 to 60 agreed to.

Clause 61 (14:49)

Ingrid STITT: I move:

4.   Clause 61, page 74, lines 3 and 4, omit all words and expressions on those lines.

5.   Clause 61, page 74, line 12, omit all words and expressions on that line.

Amendments agreed to; amended clause agreed to.

Clause 62 (14:49)

Ingrid STITT: I move:

6.   Clause 62, page 75, after line 15 insert –

‘“(5A) A rent increase in contravention of this section is invalid.’.

7.   Clause 62, page 75, line 16 omit ‘“(6)’ and insert “(6)”.

Amendments agreed to; amended clause agreed to.

Clause 63 (14:50)

Ingrid STITT: I move:

8.   Clause 63, page 76, lines 8 to 12, omit all words and expressions on those lines.

9.   Clause 63, page 76, after line 30 insert –

“(ab) state that the site owner intends to apply to the Tribunal at least 14 days after the day on which the notice is given for an order requiring payment of the special rent increase specified in the notice by the site tenants given the notice; and”.

10.   Clause 63, page 77, lines 13 to 31, page 78, lines 1 to 32 and page 79, lines 1 to 22, omit all words and expressions on those lines.

11.   Clause 63, page 79, lines 28 to 30, omit “notice if, within the proposal period, there is a circumstance specified in subsection (2).” and insert “notice.”.

12.   Clause 63, page 80, lines 1 to 15, omit all words and expressions on those lines and insert –

“(2) An application under subsection (1) must not be made until at least 14 days after the proposal notice is given to each site tenant proposed to be subject to the special rent increase in accordance with section 206SD.”.

13.   Clause 63, page 80, line 32, omit “(1)” and insert “(1)(a)”.

14.   Clause 63, page 80, after line 34 insert –

“(2A) An order under subsection (1)(a) may be subject to one or more of the following conditions specified in the order –

(a)   payment of the amount of special rent increase is for a period specified in the order;

(b)   a site tenant is required to pay a reduced amount of rent specified in the order beginning on the day after the period of special rent increase.”.

15.   Clause 63, page 81, line 1, omit “(1)” and insert “(1)(a)”.

16.   Clause 63, page 81, after line 24 insert –

“(ca) any reason for a reduced amount of rent to be payable by a site tenant after a period of special rent increase, including the completion of a repair or improvement to a facility or service available within the Part 4A park; and”.

Amendments agreed to; amended clause agreed to; clause 64 agreed to.

Clause 65 (14:50)

Ingrid STITT: I move:

17.   Clause 65, page 83, line 32, omit ‘corporate.”.’ and insert “corporate.”.

18.   Clause 65, page 83, after line 32 insert –

‘(3) A site owner must not require a site tenant to pay a deferred management charge that is more than the lesser of the following amounts –

(a)   20% of the purchase price paid by the site tenant for the Part 4A dwelling on the Part 4A site under the site agreement;

(b)   a prescribed percentage (if any) of the purchase price paid by the site tenant for that Part 4A dwelling.

Penalty:   60 penalty units for a natural person;

300 penalty units for a body corporate.”.’.

Amendments agreed to; amended clause agreed to.

New clause 65A (14:51)

Ingrid STITT: I move:

19.   Insert the following New Clause to follow clause 65 –

‘65A Section 206ZV amended

(1) In the heading to section 206ZV of the Residential Tenancies Act 1997, after “clean” insert “, safe and in good repair”.

(2) In section 206ZV(1) of the Residential Tenancies Act 1997, for “clean and in a safe condition.” substitute –

“in a condition that meets each of the following standards –

(a)   clean;

(b)   safe;

(c)   in good repair.”.’.

New clause agreed to; clauses 66 to 72 agreed to.

Clause 73 (14:52)

Ingrid STITT: I move:

20.   Clause 73, line 17, omit “206SB” and insert ‘206SB”;’.

21.   Clause 73, line 18, omit –

‘78B   Section 206SF”;’.

22.   Clause 73, line 21, omit ‘206ZCA(2)”;’ and insert “206ZCA(2)”.

23.   Clause 73, after line 21 insert –

‘85C   Section 206ZCA(3)”;’.

Amendments agreed to; amended clause agreed to.

Clause 74 (14:52)

Ingrid STITT: I move:

24.   Clause 74, line 21, omit “206SE, 206SF, 206SG,”.

Amendment agreed to; amended clause agreed to; clauses 75 to 104 agreed to.

Clause 105 (14:53)

Ingrid STITT: I move:

21.   Clause 105, line 3, omit all words and expressions on this line and insert –

“Division 1 – Contracts for sale of land

105 Definitions”.

Amendment agreed to; amended clause agreed to; clause 106 agreed to.

Clause 107 (14:54)

Ingrid STITT: I move:

25.   Clause 107, line 20, omit “commission” and insert “amounts from deposit”.

26.   Clause 107, line 22, before “If” insert “(1)”.

27.   Clause 107, line 24, omit “under” and insert “in accordance with”.

28.   Clause 107, line 31, omit ‘entitled.”.’ and insert “entitled.”.

29.   Clause 107, after line 31 insert –

‘(2) Subsection (1) does not prevent an estate agent from receiving an amount of money from the vendor for any of the following before settlement or rescission of the contract –

(a)   the commission;

(b)   any auction expense or other amount to which the estate agent is or will become entitled.”.’.

Amendments agreed to; amended clause agreed to; clause 108 agreed to.

Clause 109 (14:55)

Ingrid STITT: I move:

30.   Clause 109, lines 19 to 24, omit all words and expressions on those lines and insert –

‘(a) if the land is publicly advertised for sale other than by auction or a fixed-date sale – the day that is 14 days after the land is first publicly advertised for sale; or

(b) if the land is publicly advertised for sale by auction or a fixed-date sale – the day that is 14 days before the first auction date or first fixed date; or

(c) if the land –

(i)   is not publicly advertised for sale – before the purchaser signs the contract for the sale of land; or

(ii)   is to be sold –

(A)   within 14 days after the land is first publicly advertised for sale – before the purchaser signs the contract for the sale of land; or

(B)   on a day that is more than 14 days before a first auction date or a first fixed date – before the purchaser signs the contract for the sale of land;”.’.

Aiv PUGLIELLI: This was an issue that both government and opposition were looking at throughout the procedure of getting this bill before us. The Greens are not supportive of it, in the interests of consumer certainty and them being prioritised. However, in the interests of time, we are not going to divide on this particular amendment.

Amendment agreed to; amended clause agreed to; clauses 110 to 112 agreed to.

Clause 113 (14:56)

Ingrid STITT: I move:

22.   Clause 113, line 7, after “amended by” insert “Division 1 of”.

23.   Clause 113, line 19, after “on which” insert “Division 1 of”.

Amendments agreed to; amended clause agreed to.

New clause 113A (14:56)

Ingrid STITT: I move:

24.   Insert the following new Division to follow clause 113 –

‘Division 2 – Off-the-plan contracts and developer bonds

113A Rescission of off-the-plan contract – residential apartment buildings

After section 9AEA(2) of the Sale of Land Act 1962insert –

“(3)   Subsection (1) does not apply to a purchaser if the developer of the residential apartment building is excepted from the requirement under section 137ZP(1) of the Building Act 1993 to arrange for the issue or execution of a developer bond.”.’.

New clause agreed to; clause 114 agreed to.

Clause 115 (14:57)

The DEPUTY PRESIDENT: Ms Bath, I invite you to move your amendments 1 and 2 on sheet 37C, which test your remaining amendments on that sheet.

Melina BATH: I move:

1.   Clause 115, line 5, omit “In” and insert “(1) In”.

2.   Clause 115, after line 27 insert –

“(2) In section 3 of the Tobacco Act 1987, in the definition of reviewable decision, after paragraph (l) insert –

“(m)   issue a written notice under section 36V;

(n)   issue a written notice under section 36W;”.

We canvassed this quite substantially, both in the second reading and also in questions. These amendments support strong actions against illicit tobacco but ensure landlords who act responsibly are protected and that closure powers are exercised with procedural fairness and review.

Ingrid STITT: I concur with Ms Bath that we went through these issues at length, and my thanks to Minister Erdogan for taking questions on these matters. The opposition amendments the government will not be supporting.

Aiv PUGLIELLI: Yes, we did look at these a fair bit during the committee stage on this bill. I appreciate the intent with which they have been brought. I think they come from a good place. The current wording, however, in the bill the Greens would deem sufficient for meeting the government’s intent with respect to these matters, so we will not be supporting this amendment.

Council divided on amendments:

Clause 162 (15:05)

Melina BATH: I move:

1.   Clause 162, after line 28 insert –

“29EA Decision to review licence – specified Tribunal order

(1) The Authority may review a licence after a specified Tribunal order is made in relation to the licensee.

(2) In deciding whether to review a licence under subsection (1), the Authority must consider –

(a)   the amount the licensee has been ordered to pay under the specified Tribunal order; and

(b)   whether the licensee has made, or will make, prompt payment of the amount ordered to be paid under the specified Tribunal order; and

(c)   the conduct of the licensee in relation to which the specified Tribunal order was made; and

(d)   the reasons for the licensee’s conduct; and

(e)   the risk posed to consumers by the licensee’s conduct; and

(f)   whether the licensee has previously been subject to a specified Tribunal order.

(3) Despite subsection (2), the Authority must review a licence under subsection (1) if –

(a)   the conduct of the licensee in relation to which the specified Tribunal order was made was –

(i)   fraudulent; or

(ii)   dishonest; or

(iii)   a deliberate contravention of this Act or any other law; or

(b)   the licensee has been subject to 3 or more specified Tribunal orders within the preceding 5 years.

(4) If the Authority intends to review under subsection (1), the Authority must give written notice of its intention to do so to the licensee as soon as practicable after deciding to review the licence.

(5) A notice under subsection (4) must set out –

(a)   the reasons for the Authority’s decision to review the licence; and

(b)   the licensee’s right to seek review of the decision.”.

2.   Clause 162, lines 31 to 33, omit all words and expressions on these lines.

During the second-reading debate I canvassed this on behalf of the shadow minister.

Ingrid STITT: The government does not support the proposed amendments. We have gone through this in a bit of detail during committee stage, so I agree time is of the essence.

Aiv PUGLIELLI: The Greens will not be supporting these amendments.

The DEPUTY PRESIDENT: The question is that Ms Bath’s amendments 1 and 2, which test all the remaining amendments on her sheet MB51C, be agreed to.

Amendments negatived; clause agreed to; clauses 163 to 178 agreed to.

New part heading 12A (15:06)

Ingrid STITT: I move:

25.   Insert the following new Part heading to follow clause 178 –

“Part 12A – Amendment of Building Act 1993”.

New part heading agreed to.

New clauses 178A to 178P (15:07)

Ingrid STITT: I move:

26.   Insert the following new Division before Part 13 –

‘Division 1 – Prefabrication work

178A Purposes

After section 1(e) of the Building Act 1993insert –

“(ea)   to regulate prefabrication work; and”.

178B Definitions

(1) In section 3(1) of the Building Act 1993, in the definition of building practitioner –

(a)   in paragraph (f), after “builder” (where second occurring) insert “(other than a prefabrication builder)”;

(b)   after paragraph (f) insert –

“(fa)   a prefabrication builder; or”.

(2) In section 3(4) of the Building Act 1993, for “building work or plumbing work” (where twice occurring) substitute “building work, plumbing work or prefabrication work”.

178C New section 3AA inserted

After section 3 of the Building Act 1993insert –

“3AA   Use of prefabricated building systems

In this Act, unless the contrary intention appears –

(a)   a reference to the construction of a building includes a reference to the use of a prefabricated building system (within the meaning of Part 2A) in the construction of the building; and

(b)   a reference to a building product or a building material (however described) includes a reference to a prefabricated building system (within the meaning of Part ‍2A).”.

178D Building regulations

(1) After section 7(1)(a) of the Building Act 1993 insert –

“(ab)   prefabrication work;”.

(2) In section 7(2)(b) of the Building Act 1993, for “(b) or (c)” substitute “(ab), (b) or (c)”.

178E Accreditation of building products

After section 14(5) of the Building Act 1993 insert –

“(6)   Part 2A does not apply in respect of a building product accredited under this section.”.

178F Building surveyor must not refuse to approve building work on certain grounds

At the end of section 15 of the Building Act 1993 insert –

“(2)   Part 2A does not apply in respect of a building system, construction method, design, component or system of a kind referred to in this section.”.

178G New Part 2A inserted

After Part 2 of the Building Act 1993 insert –

“Part 2A – Prefabrication work

15C   Definitions

In this Part –

building component means a thing that –

(a)   when used in the construction of a building is, or forms part of, a building element; and

(b)   when used in the construction of a building cannot be inspected without –

(i)   opening the component and causing damage to it in the process; or

Example

Cutting a wall lining to expose the wall frame.

(ii)   carrying out testing that is likely to destroy the component or part of the component;

building element, in relation to a building, means –

(a)   an internal or external load-bearing component that is essential to the stability of the building or a part of the building; or

(b)   the building enclosure, being any part of the building that separates its interior from the external environment; or

(c)   waterproofing; or

(d)   a fire safety system within the meaning of the National Construction Code; or

(e)   any aspect of the following required for compliance with the National Construction Code –

(i)   mechanical services; or

(ii)   plumbing services; or

(iii)   electrical services; or

(iv)   vertical transportation; or

(f)   a prescribed building element or a building element belonging to a prescribed class of building element;

module means a three-dimensional structure that, when used in the construction of a building, includes at least one building component;

prefabricated building system means –

(a)   a module; or

(b)   a building component;

prefabrication work means –

(a)   making or manufacturing (by use of any method) a prefabricated building system on land that is not the land on which the system will be used in the construction of a building; or

(b)   assembling 2 or more prefabricated building systems on land that is not the land on which the systems will be used in the construction of a building.

15D   Offences relating to prefabrication work

(1)   A person must not make, manufacture or assemble a prescribed prefabricated building system or prefabricated building system belonging to a prescribed class of prefabricated building system for use in the construction of a building if that use will not comply with –

(a)   this Act and the building regulations; and

(b)   the plumbing laws; and

(c)   any binding determination that applies to the prefabrication work; and

(d)   the Electricity Safety Act 1998, the regulations made under that Act and any Order made under section 4 of that Act.

Penalty:   500 penalty units, in the case of a natural person;

2500 penalty units, in the case of a body corporate.

Note

Section 314 of the Building and Plumbing Administration and Enforcement Act 2026 applies in respect of an offence against this subsection.

(2)   A person must not make or manufacture (by use of a prescribed method) a prefabricated building system for use in the construction of a building if that use will not comply with –

(a)   this Act and the building regulations; and

(b)   the plumbing laws; and

(c)   any binding determination that applies to the prefabrication work; and

(d)   the Electricity Safety Act 1998, the regulations made under that Act and any Order made under section 4 of that Act.

Penalty:   500 penalty units, in the case of a natural person;

2500 penalty units, in the case of a body corporate.

Note

Section 314 of the Building and Plumbing Administration and Enforcement Act 2026 applies in respect of an offence against this subsection.

(3)   A person must not carry out prescribed prefabrication work or prefabrication work belonging to a prescribed class of prefabrication work –

(a)   if electrical installation work within the meaning of the Electricity Safety Act 1998 is carried out in conjunction with the prefabrication work – if the electrical installation work does not comply with the Electricity Safety Act 1998, the regulations made under that Act and any Order made under section 4 of that Act; and

(b)   if plumbing work within the meaning of Part 12A is carried out in conjunction with the prefabrication work – if the plumbing work does not comply with Part 12A and the plumbing laws.

Penalty:   500 penalty units, in the case of a natural person;

2500 penalty units, in the case of a body corporate.

Note

Section 314 of the Building and Plumbing Administration and Enforcement Act 2026 applies in respect of an offence against this subsection.

(4)   Subsections (1), (2) and (3) are civil penalty provisions for the purposes of Part 6.7 of the Building and Plumbing Administration and Enforcement Act 2026.

(5)   For the purposes of subsections (1) and (2), use of a prescribed prefabricated building system or a prefabricated building system in the construction of a building means use of the system in accordance with any instructions provided by the person who made, manufactured or assembled it.

Note

See also section 169D(1).

15E   Offence relating to prefabricated building systems

(1)   A registered prefabrication builder must not supply a specified prefabricated building system, for use in the construction of a building, if the specified prefabricated building system is not accompanied by –

(a)   written information about –

(i)   the use for which the system is intended; and

(ii)   any limitation on that use or condition to which that use is subject; and

(iii)   any prescribed matters; and

(b)   written certification from the registered prefabrication builder that, having regard to the matters referred to in paragraph (a), the system (when used in the construction of a building) complies with the building regulations; and

(c)   if the specified prefabricated building system includes electrical work in respect of which the Electricity Safety Act 1998 requires the issue of a certificate of compliance ‍– the certificate of compliance in respect of the electrical installation work; and

(d)   if the specified prefabricated building system includes plumbing work in respect of which Part 12A requires the issue of a compliance certificate – the compliance certificate in respect of the work; and

(e)   written instructions for the safe transport and handling of the system; and

(f)   written instructions for the use of the system.

Penalty:   120 penalty units, in the case of a natural person;

600 penalty units, in the case of a body corporate.

Note

Section 314 of the Building and Plumbing Administration and Enforcement Act ‍2026 applies in respect of an offence against this subsection.

(2)   Subsection (1) is a civil penalty provision for the purposes of Part 6.7 of the Building and Plumbing Administration and Enforcement Act 2026.

(3)   For the purposes of subsection (1), use of a specified prefabricated building system means use of the system in accordance with any instructions provided by the registered prefabrication builder who made, manufactured or assembled it.

(4)   In this section –

specified prefabricated building system means –

(a)   a prescribed prefabricated building system or prefabricated building system belonging to a prescribed class of prefabricated building system; or

(b)   a prefabricated building system that is made or manufactured by use of a prescribed method.”.

178H Refusal of building permit

(1) After section 24(1) of the Building Act 1993 insert –

“(1A)   The relevant building surveyor must not issue a building permit for the carrying out of building work that includes the use of an affected prefabricated building system unless the relevant building surveyor is satisfied that the application includes information sufficient to demonstrate that the person that is named as the builder in the building permit will be provided with the following documents by the following persons, in respect of the affected prefabricated building system –

(a)   the documents referred to in section 15E(1)(a) to (f) – by the registered prefabrication builder; and

(b)   any prescribed document – by a prescribed person or a person belonging to a prescribed class of person.”.

(2) After section 24(8) of the Building Act 1993 insert –

“(9)   In this section –

affected prefabricated building system means a prefabricated building system or prefabricated building system belonging to a prescribed class of prefabricated building system that is prescribed as an affected prefabricated building system but does not include a prefabricated building system that is exempted by the regulations from the operation of subsection (1A);

prefabricated building system has the same meaning as in Part 2A.”.

178I Inspection of building work – general powers

At the end of section 35 of the Building Act 1993 insert –

“(2)   In addition, if the building work includes the use of an affected prefabricated building system within the meaning of section 24(9), the relevant building surveyor may inspect any document referred to in section 24(1A) that relates to the affected prefabricated building system.”.

178J Refusal of occupancy permit

Before section 44(1)(c) of the Building Act 1993 insert –

“(bb)   if the building work includes the use of an affected prefabricated building system within the meaning of section 24(9), unless the relevant building surveyor has seen the documents referred to in section 24(1A) in respect of the system; and”.

178K Application of Act to the Crown and public authorities

In section 217(1) of the Building Act 1993, after “Parts 2,” insert “2A,”.

178L Building surveyor may rely on certificate by other registered building practitioner or endorsed building engineer

(1) After section 238(1)(a) of the Building Act 1993 insert –

“(ab)   that an affected prefabricated building system within the meaning of section 24(9) to be used in the proposed building work complies with the requirements of this Act and the building regulations; or”.

(2) After section 238(2) of the Building Act 1993 insert –

“(2A)   A municipal building surveyor or a private building surveyor, in carrying out a function under this Act or the regulations, may rely on –

(a)   in the case of prefabrication work that includes electrical installation work – a certificate under section 44 of the Electricity Safety Act 1998; or

(b)   in the case of prefabrication work that includes plumbing work – a certificate issued by a licensed plumber under Part 12A.”.

(3) After section 238(3) of the Building Act 1993 insert –

“(4)   In this section –

licensed plumber has the same meaning as in Part 12A.”.

178M General regulation-making powers

(1) Before section 261(1)(b) of the Building Act 1993 insert –

“(ac)   the issuing, production and keeping of certificates, other documents and information required by this Act, the building regulations or the plumbing regulations in relation to the carrying out of prefabrication work or the making, manufacturing or assembling of a prefabricated building system;

(ad)   the keeping of records of inspections of the carrying out of prefabrication work;”.

(2) After section 261(1)(c) of the Building Act 1993 insert –

“(ca)   requiring a person or class of person (the first person) to give to another person or class of person any information relating to the carrying out of prefabrication work by the first person;

(cb)   requiring a person or class of person (the first person) to give to another person or class of person any document or class of document setting out any information relating to a prefabricated building system made, manufactured or assembled by the first person including –

(i)   technical specifications; and

(ii)   instructions for the use of the system; and

(iii)   handling and transportation requirements;”.

(3) After section 261(1)(ha) of the Building Act 1993 insert –

“(hab)   without limiting paragraph (ha), specifying the kind of work that a category or class of registered prefabrication builder is authorised to carry out by that registration including by reference to –

(i)   a prescribed prefabricated building system or class of prescribed prefabricated building system; or

(ii)   a prefabricated building system or class of prefabricated building system that is made or manufactured by use of a prescribed method;”.

178N New section 289B inserted

At the end of Part 14 of the Building Act 1993 insert –

“289B   Regulations dealing with transitional matters

(1)   The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of this Act (including the repeals and amendments made by this Act).

(2)   Regulations made under this section may –

(a)   have a retrospective effect to the day on which section 178N of the Consumer Legislation Amendment Act 2026 comes into operation; and

(b)   be of limited or general application; and

(c)   leave any matter or thing to be decided by a specified person or class of person; and

(d)   provide for the exemption of persons or things or a class of person or thing from any of the regulations made under this section.

(3)   Regulations made under this section have effect despite anything to the contrary in any Act (other than the Consumer Legislation Amendment Act 2026 or the Charter of Human Rights and Responsibilities Act 2006) or in any subordinate instrument.

(4)   This section is repealed on the second anniversary of the day on which it comes into operation.”.

178O Schedule 1 – Building regulations

In Schedule 1 to the Building Act 1993, after item 31 insert –

“31A.   The provision of certificates under any other Act.”.

178P Consequential amendment of Building and Plumbing Administration and Enforcement Act 2026

(1) Before section 260 of the Building and Plumbing Administration and Enforcement Act 2026 insert –

“259A   Prefabricated building systems

In this Part, unless the contrary intention appears –

(a)   a reference to the construction of a building includes a reference to the use of a prefabricated building system (within the meaning of Part 2A of the Building Act 1993) in the construction of the building; and

(b)   a reference to a building product or a building material (however described) includes a reference to a prefabricated building system within the meaning of Part 2A of the Building Act 1993.”.

(2) After section 314(2)(b) of the Building and Plumbing Administration and Enforcement Act 2026insert –

“(ba)   section 15D(1), (2) or (3) or 15E(1) of the Building Act 1993;”.

(3) Before section 316(2)(a) of the Building and Plumbing Administration and Enforcement Act 2026 insert –

“(aa)   section 15D(1), (2) or (3) or 15E(1) of the Building Act 1993;”.

(4) After section 356(8) of the Building and Plumbing Administration and Enforcement Act 2026 insert –

“(9)   In this section, a reference to a building product or a building material (however described) includes a reference to a prefabricated building system within the meaning of Part 2A of the Building Act 1993.”.’.

New clauses agreed to.

New clauses 178Q to 178V (15:07)

Ingrid STITT: I move:

27.   Insert the following new Division before Part 13 –

‘Division 2 – Complex plumbing work

178Q Definitions applying to Part 12A

In section 221B of the Building Act 1993 insert the following definitions –

“complex plumbing work means plumbing work that is prescribed as complex plumbing work;

designer of complex plumbing means a prescribed person who prepares a design of complex plumbing work;

exempt complex plumbing work means complex plumbing work that is prescribed as exempt complex plumbing work;

start work notice (design) has the meaning given by section 221BA;”.

178R New section 221BA inserted

After section 221B of the Building Act 1993 insert –

“221BA   Meaning of start work notice (design)

A start work notice (design) is a written notice relating to complex plumbing work that sets out the following in respect of the complex plumbing work –

(a)   a description of the complex plumbing work to be carried out;

(b)   the address, or description of the location, of the premises at which the complex plumbing work is to be carried out;

(c)   the proposed commencement date or dates of the complex plumbing work to be carried out;

(d)   the name and address of the designer of complex plumbing;

(e)   the class of building in which the complex plumbing work is to be carried out;

(f)   any prescribed information.”.

178S New sections 221ZPB to 221ZPJ inserted

After section 221ZPA of the Building Act 1993 insert –

“221ZPB   Designer of complex plumbing must give start work notice (design) to Commission

(1)   A designer of complex plumbing must give a start work notice (design) to the Commission within the prescribed time after the designer is engaged to prepare the design of complex plumbing work to which the notice relates.

Penalty:   120 penalty units, in the case of a natural person;

600 penalty units, in the case of a body corporate.

(2)   A designer of complex plumbing does not commit an offence against subsection (1) if the complex plumbing work is exempt complex plumbing work.

221ZPC   Designer of complex plumbing must give start work notice (design) to person who engaged them to prepare design

(1)   A designer of complex plumbing must give the person who engaged the designer to prepare a design of complex plumbing work, as soon as practicable after the designer gives the start work notice (design) for that complex plumbing work to the Commission –

(a)   a copy of the start work notice (design) for that complex plumbing work; and

(b)   written confirmation that the designer has given the start work notice (design) to the Commission.

(2)   Subsection (1) applies despite anything to the contrary in any agreement.

(3)   A designer of complex plumbing is not required to comply with subsection (1) if the complex plumbing work is exempt complex plumbing work.

221ZPD   Person who has engaged designer of complex plumbing must give start work notice (design) to licensed plumber

(1)   This section applies to a person who has –

(a)   engaged a designer of complex plumbing to prepare a design of complex plumbing work (other than exempt complex plumbing work); and

(b)   received from the designer of complex plumbing –

(i)   a copy of a start work notice (design) for that plumbing work; and

(ii)   a written confirmation that the designer of complex plumbing has given the start work notice (design) to the Commission.

(2)   If the person engages a licensed plumber to carry out the complex plumbing work to which the start work notice (design) relates, the person must give a copy of the start work notice (design) and a copy of the written confirmation to the plumber as soon as practicable after receiving –

(a)   the start work notice (design); and

(b)   the written confirmation.

221ZPE   Offences relating to designers and complex plumbing work designs

(1)   A person must not prepare a design of complex plumbing work (other than in the circumstances specified in subsection (2)) for use in the carrying out of complex plumbing work if the person does not –

(a)   hold the prescribed qualifications or have the prescribed experience that a person who prepares designs of complex plumbing work must hold or have; and

(b)   meet the prescribed requirements that a person must meet in order to prepare designs of complex plumbing work.

Penalty:   500 penalty units, in the case of a natural person;

2500 penalty units, in the case of a body corporate.

(2)   For the purposes of subsection (1), a person may prepare a design of complex plumbing work if –

(a)   the regulations state that the design may be prepared by a person who does not –

(i)   hold the prescribed qualifications or have the prescribed experience that a person who prepares designs of complex plumbing work must hold or have; and

(ii)   meet the prescribed requirements that a person must meet in order to prepare designs of complex plumbing work; or

(b)   the person does so in the circumstances specified in the regulations as the circumstances in which the design may be prepared by a person who does not –

(i)   hold the prescribed qualifications or have the prescribed experience that a person who prepares designs of complex plumbing work must hold or have; and

(ii)   meet the prescribed requirements that a person must meet in order to prepare designs of complex plumbing work.

(3)   A designer of complex plumbing who is engaged to prepare a design of complex plumbing work must ensure that the design of the complex plumbing work meets the prescribed requirements.

Penalty:   120 penalty units, in the case of a natural person;

600 penalty units, in the case of a body corporate.

221ZPF   Designer of complex plumbing must give certified complex plumbing work design to Commission

(1)   A designer of complex plumbing who is engaged to prepare a design of complex plumbing work must give the Commission, within the prescribed time –

(a)   the design of the complex plumbing work; and

(b)   a written statement certifying whether the design of the complex plumbing work meets the prescribed requirements.

Penalty:   120 penalty units, in the case of a natural person;

600 penalty units, in the case of a body corporate.

(2)   A designer of complex plumbing does not commit an offence against subsection (1) if the complex plumbing work is exempt complex plumbing work.

221ZPG   Designer of complex plumbing must give certified complex plumbing work design and related documents to person who engaged them to prepare design

(1)   This section applies if a designer of complex plumbing engaged to prepare a design of complex plumbing work (other than exempt complex plumbing work) has given the Commission –

(a)   the design of the complex plumbing work; and

(b)   a written statement certifying whether the design of the complex plumbing work meets the prescribed requirements.

(2)   The designer of complex plumbing must, as soon as practicable after giving the Commission the design of the complex plumbing work and written statement, give the person who engaged the designer –

(a)   the design; and

(b)   the written statement; and

(c)   written confirmation that the designer has given to the Commission the documents referred to under paragraphs (a) and (b).

221ZPH   Certified complex plumbing work designs and related documents to be given to licensed plumber

(1)   This section applies to a person who has –

(a)   engaged a designer of complex plumbing to prepare a design of complex plumbing work (other than exempt complex plumbing work); and

(b)   received from the designer –

(i)   the design of the complex plumbing work; and

(ii)   a written statement certifying whether the design of the complex plumbing work meets the prescribed requirements; and

(iii)   written confirmation that the designer has given to the Commission the documents referred to under subparagraphs (i) and (ii).

(2)   If the person engages a licensed plumber to carry out the complex plumbing work to which the design of complex plumbing work relates, the person must give a copy of the design of the complex plumbing work, a copy of the written statement and a copy of the written confirmation to the plumber as soon as practicable after receiving –

(a)   the design of the complex plumbing work; and

(b)   the written statement; and

(c)   the written confirmation.

221ZPI   Commission may request further information or material in relation to complex plumbing work

(1)   This section applies if the Commission has received from a designer of complex plumbing work –

(a)   a start work notice (design) under section 221ZPB; or

(b)   a design of complex plumbing under section 221ZPF.

(2)   The Commission, by written notice given to the designer of complex plumbing work, may request further information or material in relation to –

(a)   the complex plumbing work to which a start work notice (design) relates; or

(b)   the design.

(3)   A notice under subsection (2) must specify –

(a)   the information or material that is to be given to the Commission; and

(b)   the date by which the information or material must be given to the Commission.

(4)   On receiving a notice under subsection (2), a designer of complex plumbing work may request, in accordance with any prescribed requirements, the Commission to change the date specified in the notice to a later date.

(5)   If the Commission agrees to the request, the Commission must issue another notice under subsection (2) with a new date by which the information or material must be given to the Commission (a reissued notice).

(6)   A designer of complex plumbing given a notice, or reissued notice, under subsection (2), must comply with the notice or reissued notice unless the designer has a lawful excuse.

Penalty:   120 penalty units, in the case of a natural person;

600 penalty units, in the case of a body corporate.

221ZPJ   Complex plumbing work prohibited before receipt of certain documents

(1)   A person must not carry out complex plumbing work unless the person has obtained the following –

(a)   the design of the complex plumbing work; and

(b)   a written statement from the designer of the complex plumbing who prepared the design certifying whether the design of the complex plumbing work meets the prescribed requirements; and

(c)   written confirmation that the designer has given the Commission –

(i)   the design of the complex plumbing work; and

(ii)   a written statement certifying whether the design of the complex plumbing work meets the prescribed requirements.

Penalty:   500 penalty units, in the case of a natural person;

2500 penalty units, in the case of a body corporate.

(2)   A person does not commit an offence against subsection (1) if the complex plumbing work is exempt complex plumbing work.”.

178T Regulations

In section 221ZZZV(1) of the Building Act 1993 –

(a)   for paragraph (b) substitute –

“(b)   fees for the purposes of this Part, including –

(i)   fees for examinations or assessments conducted by, or on behalf of, the Commission; or

(ii)   fees for the assessment of start work notices (design) and designs of complex plumbing work by, or on behalf of, the Commission;”;

(b)   after paragraph (c) insert –

“(ca)   prescribing what constitutes complex plumbing work;”;

(c)   before paragraph (h) insert –

“(ge)   qualifications or experience that a person who prepares designs of complex plumbing work must hold or have or requirements that a person must meet in order to prepare designs of complex plumbing work;

(gf)   the preparation or amendment of designs of complex plumbing work, including –

(i)   requirements that a design of complex plumbing work or an amendment of a design of complex plumbing work must meet; or

(ii)   procedures to amend a design of complex plumbing work and matters to be considered, applied or complied with to amend, or when amending, a design of complex plumbing work; or

(iii)   the certification of a design of complex plumbing work or an amended design of complex plumbing work and documents to accompany or form part of the certification; or

(iv)   the giving of amended designs of complex plumbing work to persons;

(gg)   notifications to be given to the Commission before or during the carrying out of complex plumbing work or at specified stages of carrying out complex plumbing work, and the content of the notifications;

(gh)   compliance certificates to be provided by persons who –

(i)   prepare designs of complex plumbing; or

(ii)   carry out complex plumbing work;

(gi)   information or documents to be provided with compliance certificates by persons who –

(i)   prepare designs of complex plumbing; or

(ii)   carry out complex plumbing work;

(gj)   inspections of complex plumbing work and inspection reports for complex plumbing work;”.

178U Consequential amendment of Building and Plumbing Administration and Enforcement Act 2026

After section 38(1)(k) of the Building and Plumbing Administration and Enforcement Act 2026insert –

“(ka)   to administer the provisions of the Building Act 1993 relating to the design and carrying out of complex plumbing work;”.

178V New sections 289C and 289D inserted

At the end of Part 14 of the Building Act 1993 insert –

“289C   Transitional provision relating to the Consumer Legislation Amendment Act 2026

(1)   The amendments made by Division 2 of Part 12A of the Consumer Legislation Amendment Act 2026 do not apply to –

(a)   a designer of complex plumbing, in relation to preparing a design of complex plumbing work, if the designer is engaged before the commencement day to prepare the design; or

(b)   a person carrying out complex plumbing work, if the designer of the complex plumbing work is engaged before the commencement day to prepare the design.

(2)   In this section –

commencement day means the day on which Division 2 of Part 12A of the Consumer Legislation Amendment Act 2026 comes into operation.

289D   Transitional regulations relating to the Consumer Legislation Amendment Act 2026

(1)   The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of this Act (including the repeals and amendments made by this Act).

(2)   Regulations made under this section may –

(a)   have a retrospective effect to the day on which section 178V of the Consumer Legislation Amendment Act 2026 comes into operation; and

(b)   be of limited or general application; and

(c)   leave any matter or thing to be decided by a specified person or class of person; and

(d)   provide for the exemption of persons or things or a class of person or thing from any of the regulations made under this section.

(3)   Regulations made under this section have effect despite anything to the contrary in any Act (other than the Consumer Legislation Amendment Act 2026 or the Charter of Human Rights and Responsibilities Act 2006) or in any subordinate instrument.

(4)   This section is repealed on the second anniversary of the day on which it comes into operation.”.’.

New clauses agreed to.

New clauses 178W to 178ZD (15:07)

Ingrid STITT: I move:

28.   Insert the following new Division before Part 13 –

‘Division 3 – Developer bonds

178W Definitions

In section 137ZM of the Building Act 1993 insert the following definition –

“developer bond requirement means the requirement under section 137ZP(1) for the developer of a residential apartment building to arrange for the issue or execution of a developer bond;”.

178X Offence to apply for occupancy permit if no developer bond issued

After section 137ZR(1) of the Building Act 1993 insert –

“(1AB)   Subsection (1) does not apply to a person if the developer of the residential apartment building is excepted from the developer bond requirement.”.

178Y Developer must nominate assessor

After section 137ZT(3) of the Building Act 1993 insert –

“(4)   Subsection (1) does not apply to a developer who is excepted from the developer bond requirement.”.

178Z Approval of nomination

After section 137ZV(5) of the Building Act 1993 insert –

“(6)   This section does not apply if the developer of the residential apartment building is excepted from the developer bond requirement.”.

178ZA Developer must appoint assessor

(1) In section 137ZX(1) of the Building Act 1993, for “subsections (2) and (3)” substitute “subsections (2), (3) and (6)”.

(2) After section 137ZX(5) of the Building Act 1993 insert –

“(6)   Subsection (1) does not apply to a developer who is excepted from the developer bond requirement.”.

178ZB Authority may appoint building assessor

After section 137ZY(2) of the Building Act 1993 insert –

“(3)   This section does not apply if the developer of the residential apartment building is excepted from the developer bond requirement.”.

178ZC Arrangements for final inspection

After section 137ZZE(5) of the Building Act 1993 insert –

“(6)   Subsection (1) does not apply to a developer who is excepted from the developer bond requirement.”.

178ZD Appointment of building assessor for final inspection

After section 137ZZF(3) of the Building Act 1993 insert –

“(4)   This section does not apply if the developer of the residential apartment building is excepted from the developer bond requirement.”.’.

New clauses agreed to.

New clauses 178ZE to 178ZK (15:08)

Ingrid STITT: I move:

29.   Insert the following new Division before Part 13 –

‘Division 4 – Miscellaneous amendments

178ZE Refusal of occupancy permit

After section 44(1)(b) of the Building Act 1993 insert –

“(ba)   if electrical work, in respect of which the Electricity Safety Act 1998 required the issue of a certificate under Division 3 of Part 3 of that Act, was carried out in conjunction with the building work on the building or part of the building in respect of which the permit is sought, unless the relevant building surveyor has seen a copy of the certificate; and”.’.

30.   Insert the following new Division before Part 13 –

‘Division 5 – Minor technical amendments

178ZF Definitions and interpretation

In section 3(1) of the Building Act 1993 –

(a)   in the definition of approved prescribed qualification, for “171AA(1)(b)” substitute “171AA(1)(a)(ii)”;

(b)   in paragraphs (a) and (b) of the definition of relevant building surveyor, for “or permit,” substitute “or a permit,”.

178ZG Statute law revision

(1) In section 24(1)(e) of the Building Act 1993, for “(2A)” substitute “(2E)”.

(2) In section 137Q(5) of the Building Act 1993, for “the method by which the premiums are to be calculated” substitute “order”.

178ZH Notice of intention to apply for occupancy permit

(1) In section 40A(1) of the Building Act 1993, after “The developer” insert “(within the meaning of Part 9B)”.

(2) In section 40A(3) of the Building Act 1993, after “A developer” insert “(within the meaning of Part 9B)”.

(3) In section 40A(5) of the Building Act 1993, in paragraphs (a) and (b) of the definition of applicable period, after “occupancy permit application date” (where first occurring) insert “(within the meaning of Part 9B)”.

178ZI Refusal of occupancy permit

In section 44(2) of the Building Act 1993 –

(a)   in paragraph (c) –

(i)   after “developer” (where first occurring) insert “(within the meaning of Part 9B)”;

(ii)   after “building” insert “in accordance with Part 9B”;

(b)   in paragraph (e), after “developer” insert “(within the meaning of Part 9B)”.

178ZJ Approved person

In section 171AAB of the Building Act 1993 –

(a)   in subsection (1)(b), for “171AA(1)(b)” substitute “171AA(1)(a)(ii)”;

(b)   in subsection (1)(c), for “171AA(1)(c)” substitute “171AA(1)(b)”.

178ZK Refusal of building permit

In section 542(2) of the Building and Plumbing Administration and Enforcement Act 2026, for “205G(1). (2) and (2A)” substitute “205G(1), (2) and (2E)”.’.

New clauses agreed to.

New clauses 178ZL to 178ZM (15:08)

Ingrid STITT: I move:

31.   Insert the following new Part before Part 13 –

‘Part 12B – Amendment of Domestic Building Contracts Amendment Act 2025

178ZL Commencement

In section 2(3) of the Domestic Building Contracts Amendment Act 2025, for “1 December 2026” substitute “31 March 2027”.

178ZM Repeal of this Act

In section 82 of the Domestic Building Contracts Amendment Act 2025, for “1 December 2027” substitute “31 March 2028”.’.

New clauses agreed to; clause 179 agreed to.

Long title (15:08)

Aiv PUGLIELLI: I move:

6.   Long title, omit “plans and proceedings,” and insert “plans, proceedings and proxy voting,”.

Ingrid STITT: The government will be supporting Mr Puglielli’s amendment.

Melina BATH: The Liberals and Nationals will support this amendment.

Amendment agreed to.

Ingrid STITT: I move:

32.   Long title, after “deposit moneys” insert “and off-the-plan contracts”.

Amendment agreed to.

Ingrid STITT: I move:

33.   Long title, after “used motor cars,” insert “the Building Act 1993 in relation to developer bonds,”.

Amendment agreed to.

Ingrid STITT: I move:

34.   Long title, before “certain other Acts” insert “the Building Act 1993 in relation to prefabrication work and prefabrication builders,”.

Amendment agreed to.

Ingrid STITT: I move:

35.   Long title, before “certain other Acts” insert “the Building Act 1993 in relation to complex plumbing work,”.

Amendment agreed to.

Ingrid STITT: I move:

36.   Long title, before “certain other Acts” insert “the Building Act 1993 and the Building and Plumbing Administration and Enforcement Act 2026 in relation to minor matters,”.

Amendment agreed to.

Ingrid STITT: I move:

37.   Long title, before “certain other Acts” insert “the Domestic Building Contracts Amendment Act 2025 in relation to its commencement,”.

Amendment agreed to; amended long title agreed to.

Reported to house with amendments, including amended long title.

 Ingrid STITT (Western Metropolitan – Minister for Health, Minister for Mental Health, Minister for Ambulance Services, Special Minister of State) (15:11): I move:

That the report be now adopted.

Motion agreed to.

Report adopted.

 Ingrid STITT (Western Metropolitan – Minister for Health, Minister for Mental Health, Minister for Ambulance Services, Special Minister of State) (15:11): I move:

That the bill be now read a third time and do pass.

Council divided on motion:

The DEPUTY PRESIDENT: Pursuant to standing order 14.28, the bill will be returned to the Assembly with a message informing them that the Council have agreed to the bill with amendments.