Whole Act
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The purposes of this Act are—
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.
In this Act—
Cladding Safety Victoria means the body corporate established by section 5 of the Cladding Safety Victoria Act 2020;
Cladding Safety Victoria account means the Cladding Safety Victoria account of the Victorian Building Authority Fund;
Cladding Safety Victoria board means the board established by section 10 of the Cladding Safety Victoria Act 2020;
commencement day means the day on which Part 2 comes into operation;
liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective;
property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;
rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective;
VBA means the body corporate established by section 193 of the Building Act 1993;
Victorian Building Authority Fund means the Victorian Building Authority Fund established under section 205 of the Building Act 1993.
The Cladding Safety Victoria Act 2020 is repealed.
On the commencement 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.
If, under this Act, property, rights and liabilities of Cladding Safety Victoria become property, rights and liabilities of the VBA—
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.
On the commencement day, all amounts standing to the credit of the Cladding Safety Victoria account immediately before the commencement day must be credited to the cladding account of the Building account of the Victorian Building Authority Fund.
On and after the commencement day, any reference to Cladding Safety Victoria in any Act, subordinate instrument, agreement or other document is taken to be a reference to the VBA, so far as it relates to any period on or after the commencement day.
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.
No duty under the Duties Act 2000 or other tax under any other Act is chargeable in respect of a transaction entered into or an instrument made, executed, lodged or given under this Part.