Domestic Building Contracts (Amendment) Act 2004 (Vic)

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."