1991 No. 7 (NSW)

1991 - NO. 7

CONSUMER CLAIMS TRIBUNALS ACT 1987 - REGULATION

(Relating to claims concerning building goods

and services and to contempt of tribunals)

NEW SOUTH WALES

[Published in Gazette No. 8 of 11 January 1991]

HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Consumer Claims Tribunals Act 1987, has been pleased to make the Regulation set forth hereunder.

G. B. PEACOCKE

Minister for Business and Consumer Affairs.

Commencement

1. This Regulation commences on the commencement of the Consumer Claims Tribunals (Building Disputes) Amendment Act 1989.

Amendments

2. The Consumer Claims Tribunals Regulation 1988 is amended:

(a) by omitting clause 6 and by inserting instead the following clause:

Limit of amount of order

6. For the purposes of section 32 of the Act, the prescribed

amount is:

(a) in relation to a building claim before a building disputes tribunal - $10,000; and

(b) in relation to any other consumer claim - $6,000.

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(b) by inserting after Part 2 the following Part:

PART 2A - BUILDING DISPUTES

Definition of building goods or services

6A. For the purposes of paragraph (b) of the definition of

"building goods or services'' in section 12A of the Act, the

prescribed circumstances are circumstances in which the goods

or services are supplied:

(a) to the person who contracts to do residential building work or specialist work; and

(b) in relation to the carrying out of that work.

Claims not to be building claims

6B. For the purposes of section 12C of the Act, a claim is not

to be considered to be a building claim if:

(a)	the claim is made by a supplier of building goods or services who is not required to hold a licence under the BSC Act in respect of the supply of those goods or services; or
(b)	the claim relates to specialist work other than specialist work in connection with residential building work.

Claims not to be referred to BSC

6C. The following building claims are prescribed as being

exempt from section 12F of the Act:

(a)	claims against a person who, at the time at which a contract for the supply of building goods or services was entered into, did not hold a licence required to be held under the BSC Act to authorise the performance by that person of the work under the contract; or
(b)	claims for money only that are made by a holder of a licence under the BSC Act against a consumer or against another person who is the holder of a licence under the BSC Act; or

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(c) claims that have already been referred to or investigated by the BSC.

(c) by omitting clause 9 and by inserting instead the following clause:

Claim form

9. The prescribed form for making a consumer claim is Form

1 in Schedule 1.

(d) by omitting clause 16 and by inserting instead the following clause:

Contempt proceedings

16. For the purposes of section 38 (5) of the Act, each person
for the time being holding or acting in any of the following
offices in Business and Consumer Affairs is a prescribed officer:

Managing Director
Director, Management
Director, Trading Standards

Assistant Director, Legal

(e) by omitting Forms 1 and 2 in Schedule 1 and by inserting instead

the following form:

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FORM 1

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(f) by omitting from Form 3 the matter "NOTE: A tribunal cannot make a money order for more than $3,000, except for the return of goods.".

EXPLANATORY NOTE

The object of this Regulation is to amend the Consumer Claims Tribunals

Regulation 1988 so as:

(a)	to fix an upper limit of $10,000 in respect of the jurisdiction of a building disputes tribunal, (the jurisdictional limitation for other consumer claims remaining at $6,000); and
(b)	to provide that goods and services supplied to a person who is contracted to carry out residential building work or specialist work constitute building goods and services and may therefore be the subject of a building claim by the person; and
(c)	to provide that a supplier of building goods and services who is not required to be licenced under the Building Services Corporation Act 1989 cannot make a building claim in respect of any such supply of goods and services; and
(d)	to provide that a claim relating to specialist work, other than specialist work connected with residential building work cannot be the subject of a building claim; and
(e)	to provide that certain building claims need not be referred by the registrar of consumer claims tribunals to the Building Services Corporation for preliminary consideration; and
(f)	to prescribe which office holders may institute proceedings in relation to contempt of a tribunal; and
(g)	to substitute one claim form in place of the 2 forms presently prescribed and to omit reference to a jurisdictional limitation referred to in another form.