Domestic Building Contracts (Amendment) Act 2004
Act No. 37/2004
TABLE OF PROVISIONS
Section Page
1.Purpose
2.Commencement
3.Off the Plan contracts of sale
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ENDNOTES
Domestic Building Contracts (Amendment) Act 2004
[Assented to 8 June 2004]
The Parliament of Victoria enacts as follows:
1.Purpose
The purpose of this Act is to amend the Domestic Building Contracts Act 1995 in relation to Off the Plan contracts of sale.
2.Commencement
This Act is deemed to have come into operation on 1 May 1996.
3.Off the Plan contracts of sale
After section 3(3) of the Domestic Building Contracts Act 1995 insert—
"(4)A contract for the sale of land on which a home is being constructed or is to be constructed that provides or contemplates that the construction of the home will be completed before the completion of the contract is not, and is not to be taken to form part of, a domestic building contract within the meaning of this Act if—
(a)the home is being constructed under a separate contract that is a major domestic building contract; or
(b)the contract of sale provides that the home is to be constructed under a separate contract that is a major domestic building contract.
(5)Sub-section (4) does not apply to a contract for the sale of land that is the subject of proceedings commenced in a court or tribunal before 16 March 2004 but not completed before that date in which it was alleged, before that date, that the contract was, or formed part of, a domestic building contract.".
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ENDNOTES
Minister's second reading speech—
Legislative Assembly: 12 May 2004
Legislative Council: 2 June 2004
The long title for the Bill for this Act was "to amend the Domestic Building Contracts Act 1995 in relation to Off the Plan contracts of sale."
