Cladding Safety Victoria Repeal Act 2026

to repeal the Cladding Safety Victoria Act 2020; and

to abolish Cladding Safety Victoria and provide for the transfer of its property, rights and liabilities to the Victorian Building Authority; and

to make related amendments to the Building Act 1993, including to provide for an amount of building permit levy in respect of non-regional buildings to replace the amount payable in connection with the cladding rectification program; and

to consequentially amend the Public Administration Act 2004.

Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

If a provision of this Act does not come into operation before 1 July 2027, it comes into operation on that day.

Cladding Safety Victoria is abolished; and

the Cladding Safety Victoria board is abolished; and

the members of the Cladding Safety Victoria board go out of office; and

the chief executive officer of Cladding Safety Victoria appointed under section 23 of the Cladding Safety Victoria Act 2020 goes out of office; and

all property and rights that, immediately before the commencement day, were vested in Cladding Safety Victoria are vested in the VBA; and

all liabilities of Cladding Safety Victoria existing immediately before the commencement day become liabilities of the VBA; and

the VBA is substituted as a party to any proceeding pending in any court or tribunal to which Cladding Safety Victoria was a party immediately before the commencement day; and

the VBA is substituted as a party to any arrangement or contract entered into by or on behalf of Cladding Safety Victoria as a party and in force immediately before the commencement day.

the property and rights become property and rights of the VBA subject to any encumbrance to which they were subject immediately before the commencement day; and

the rights to which Cladding Safety Victoria was entitled in respect of those liabilities immediately before they ceased to be its liabilities become rights in respect of liabilities of the VBA.

Any act, matter or thing of a continuing nature commenced before the commencement day by Cladding Safety Victoria in performing its functions under section 7 of the Cladding Safety Victoria Act 2020 may be continued and completed on or after the commencement day by the VBA.

For the purposes of subsection (1), any act or decision of Cladding Safety Victoria carried out or made before the commencement day in performing its functions under section 7 of the Cladding Safety Victoria Act 2020 is taken on and after the commencement day to be an act or decision of the VBA.

This section applies if, immediately before the commencement day, a proceeding relating to property, rights or liabilities transferred to the VBA, to which Cladding Safety Victoria was a party, was pending or existing in any court or tribunal.

On and after the commencement day, the VBA is substituted for Cladding Safety Victoria as a party to the proceeding and has the same rights in the proceeding as Cladding Safety Victoria had.

Documentary or other evidence that would have been admissible for or against the interests of Cladding Safety Victoria in relation to property, rights or liabilities transferred to the VBA is admissible for or against the interests of the VBA.

The Evidence Act 2008 applies with respect to the books of account of Cladding Safety Victoria and to entries made in those books of account before the commencement day, whether or not they relate to the VBA, as if those books of account and entries were business records of the VBA.