Domestic Building Contracts Amendment Act 2025 (Vic)

Domestic Building Contracts Amendment Act 2025

No. 36 of 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Application of Act

3Definitions

4New section 3A inserted

5Building work to which this Act applies

6Building work to which this Act does not apply

7General contents etc. of a contract

Part 3—Domestic building contracts

8Definitions

9New Division 1AA of Part 2 inserted

10Implied warranties concerning all domestic building work

11Restrictions concerning cost escalation clauses

12Warranty concerning provisional sums

13Builder must give copy of contract to building owner

14Builder must obtain information concerning foundations

15General contents etc. of a contract

16Building owner may end a contract within 5 days without penalty

17Sections 37 and 38 substituted

18Effect of a variation on the contract price

19Section 41 amended

20New section 139 inserted

Part 4—Consumer protection

21Definitions

22Implied warranties concerning all domestic building work

23Limit on amount of deposit

24General contents etc. of a contract

25Limits on progress payments

26What is a domestic building work dispute?

27Withdrawal of referral

28How may conciliation be conducted?

29Certificate of conciliation—dispute accepted for conciliation

30Directions to assessor

31Assessor may enter building site

32Power to require production of documents

33New section 48OA inserted

34Section 48P substituted

35Section 48Q amended

36When can a dispute resolution order be issued?

37Matters to be considered by chief dispute resolution officer before issuing dispute resolution order

38Requirements for the payment of money

39Notice to insurer

40Request to amend or cancel dispute resolution order

41Matters to be considered in deciding on request

42Notice of decision of chief dispute resolution officer

43New section 49OA inserted

44Notice of failure to rectify or complete work

45Chief dispute resolution officer to direct assessor to examine work

46New section 49SA inserted

47Section 49T repealed

48Breach of dispute resolution order notice

49Section 49V amended

50New section 49VA inserted

Part 5—Inspection, enforcement and remedy powers

Division 1—Amendment of Domestic Building Contracts Act 1995

51Definitions

52New Part 5A inserted

53Section 124A repealed

54Infringement notice

Division 2—Amendment of Building Act 1993

55Appointment of inspectors

Part 6—Transfer of functions from Director of Consumer Affairs to Victorian Building Authority

56Contract information statement

57General contents etc. of a contract

58Building owner may withdraw from a contract if cooling-off warning not given

59Who can ask VCAT to resolve a domestic building dispute?

60Dispute concerning insurance claims

61Section 122 amended

62Section 123 amended

63Domestic Builders Fund

64Infringement notice

65Transitional provisions—Domestic Building Contracts Amendment Act 2025

66New section 140 inserted

Part 7—Confidentiality and information sharing

Division 1—Amendment of Domestic Building Contracts Act 1995

67Section 52I substituted

68Section 123A repealed

Division 2—Amendment of Building Act 1993

69Section 259B amended

Part 8—Other amendments

Division 1—Amendment of Australian Consumer Law and Fair Trading Act 2012

70Schedule 1—Consumer Acts

71Statute law revision amendments

Division 2—Amendment of Building Act 1993

72Appointment of Commissioners to VBA Board

73Payments out of the Building account

74Section 234DA repealed

75Statute law revision amendment

Division 3—Amendment of Building Legislation Amendment (Buyer Protections) Act 2025

76Purposes

77Purposes

78Definitions and interpretation

79Objectives of Act

80New Part 9A inserted

81Referral of domestic building work dispute to chief dispute resolution officer

Part 9—Repeal of this Act

82Repeal of this Act

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Endnotes

1     General information

Domestic Building Contracts Amendment Act 2025

No. 36 of 2025

[Assented to 16 September 2025]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1Purposes

The purposes of this Act are—

(a)to amend the Domestic Building Contracts Act 1995 in relation to—

(i)the application of that Act; and

(ii)requirements for domestic building contracts; and

(iii)implied warranties for domestic building work; and

(iv)limits on amounts of deposits under domestic building contracts; and

(v)cost escalation clauses in domestic building contracts; and

(vi)variations to major domestic building contracts; and

(vii)progress payments under major domestic building contracts; and

(viii)domestic building work disputes and dispute resolution orders; and

(ix)building owners withdrawing from or ending major domestic building contracts; and

(x)the transfer of certain functions of the Director of Consumer Affairs Victoria to the Victorian Building Authority; and

(xi)inspection, enforcement and remedy powers; and

(xii)confidentiality and information sharing; and

(xiii)minor miscellaneous and consequential matters; and

(b)to amend the Building Act 1993 in relation to—

(i)the appointment of inspectors; and

(ii)minor miscellaneous and consequential matters; and

(c)to amend the AustralianConsumer Law and Fair Trading Act 2012 in relation to—

(i)the Domestic Building Contracts Act 1995; and

(ii)minor miscellaneous matters ; and

(d)to amend the Building Legislation Amendment (Buyer Protections) Act 2025 in relation to minor miscellaneous matters.

2Commencement

(1)This Part and Division 3 of Part 8 come into operation on the day after the day on which this Act receives the Royal Assent.

(2)Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3)If a provision of this Act does not come into operation before 1 December 2026, it comes into operation on that day.

PART 2—APPLICATION OF ACT

3Definitions

(1)In section 3(1) of the Domestic Building Contracts Act 1995 insert the following definition—

"developer means a person who—

(a)enters into one or more contracts for or arranges for domestic building work to be carried out for the erection or construction of 2 or more homes—

(i)on one or more building sites; and

(ii)each of which is intended for sale or is the subject of an executed contract of sale; or

(b)owns land at the time domestic building work is carried out on the land for the erection or construction of 2 or more homes—

(i)on one or more building sites; and

(ii)each of which is intended for sale or is the subject of an executed contract of sale;".

(2)For section 3(2) of the Domestic Building Contracts Act 1995 substitute—

"(2)If a builder and a building owner enter into multiple domestic building contracts that—

(a)could be the subject of a single contract; and

(b)if they were the subject of a single contract, would be a major domestic building contract—

the contracts are taken to be a single contract under which the builder will receive the sum of the amounts the builder will receive under the multiple contracts.".

4New section 3A inserted

After section 3 of the Domestic Building Contracts Act 1995 insert—

"3A   Application of Act to developers

The only provisions of this Act to apply to a domestic building contract between a builder and a developer are—

(a)Part 1; and

(b)section 8; and

(c)section 9; and

(d)section 10; and

(e)section 29; and

(f)section 30; and

(g)section 31(3); and

(h)section 132; and

(i)any other provision of this Act that—

(i)is related to a provision referred to in paragraphs (a) to (h); and

(ii)needs to apply for a provision referred to in paragraphs (a) to (h) to have effect.".

5Building work to which this Act applies

Section 5(1)(g) of the Domestic Building Contracts Act 1995 is repealed.

6Building work to which this Act does not apply

Before section 6(1)(b) of the Domestic Building Contracts Act 1995 insert—

"(a)the preparation of plans and specifications;

(ab)the preparation of a bill of quantities;".

7General contents etc. of a contract

(1)In section 31(1) of the Domestic Building Contracts Act 1995, after "A builder" insert "(other than with a developer)".

(2)After section 31(2) of the Domestic Building Contracts Act 1995 insert—

"(3)A builder must not enter into a major domestic building contract with a developer unless the contract—

(a)includes the plans and specifications for the work and those plans and specifications contain enough information to enable the obtaining of a building permit; and

(b)states the registration number under the Building Act 1993 of the registered building practitioner who is to enter into the contract; and

(c)if a registered building practitioner is to enter into the contract on behalf of a partnership, states—

(i)the names and addresses of each other member of the partnership; and

(ii)the registration number of each other member of the partnership who is a registered building practitioner; and

(d)states the contract price or, in the case of a cost plus contract, how the amount that the builder is to be paid is to be determined.

Penalty:50 penalty units.".

PART 3—DOMESTIC BUILDING CONTRACTS

8Definitions

In section 3(1) of the Domestic Building Contracts Act 1995 insert the following definition—

"variation means a variation referred to in section 37;".

9New Division 1AA of Part 2 inserted

Before Division 1 of Part 2 of the Domestic Building Contracts Act 1995 insert—

"Division 1AA—Contents of a domestic building contract

7AContents of domestic building contract

A builder must not enter into a domestic building contract unless the contract—

(a)is in writing; and

(b)is in English and readily legible; and

(c)states the name and address of each party to the contract; and

(d)includes a detailed description of the work to be carried out under the contract; and

(e)states the contract price or, in the case of a cost plus contract, how the amount that the builder is to be paid is to be determined; and

(f)states the date on which the contract is entered into.

Penalty:50 penalty units.

Note

If the contract is a major domestic building contract there are further matters that must be contained in the contract under section 31.".

10Implied warranties concerning all domestic building work

In section 8 of the Domestic Building Contracts Act 1995, after "every domestic building contract" insert "and agreement entered into by a builder and a building owner in connection with a domestic building contract".

11Restrictions concerning cost escalation clauses

(1)In section 15(1) of the Domestic Building Contracts Act 1995, after "the work" insert "(other than a delay arising as a result of a circumstance within the builder's control or any other prescribed circumstance)".

(2)For section 15(2) and (3) of the Domestic Building Contracts Act 1995 substitute—

"(2)A builder must not enter into a domestic building contract that contains a cost escalation clause if the contract price is less than $1 000 000 (or any higher amount fixed by the regulations).

Penalty:100 penalty units.

(3)A cost escalation clause in a domestic building contract is void unless before the contract was entered into—

(a)the builder gave the building owner a notice explaining the effect of the clause in the prescribed form; and

(b)the building owner places their signature or seal or initials next to the clause.

(4)A builder, who relies on a cost escalation clause to increase the cost of a domestic building contract, is taken to have warranted that the increased cost of the contract has been calculated with due care and skill taking account of all the information reasonably available at the time of the increase to the contract price.

(5)A builder must not, in reliance on one or more cost escalation clauses, increase the total contract price of a domestic building contract by more than 5% or any other percentage fixed by the regulations.

Penalty:100 penalty units.

(6)A builder, as soon as practicable after receiving an invoice, receipt or other prescribed document that evidences any cost to the builder forming the basis of a cost increase under a cost escalation clause, must give the building owner a copy of any such invoice, receipt or document.

(7)A builder is not entitled to recover any money under a cost escalation clause unless the builder has complied with the requirements of this section.".

12Warranty concerning provisional sums

In section 20(2) of the Domestic Building Contracts Act 1995, for "reasonable care and skill" substitute "due care and skill".

13Builder must give copy of contract to building owner

For section 25(b) of the Domestic Building Contracts Act 1995 substitute—

"(b)in the case of any other contract, a readily legible copy of the contract and any document that forms part of the contract.".

14Builder must obtain information concerning foundations

In section 30(3)(a) of the Domestic Building Contracts Act 1995, for "reasonable care and skill" substitute "due care and skill".

15General contents etc. of a contract

(1)Section 31(1)(a), (c), (e), (j), (k) and (m) of the Domestic Building Contracts Act 1995 are repealed.

(2)At the foot of section 31(1) of the Domestic Building Contracts Act 1995 insert—

"Note

See also section 7A for other matters that must be included in domestic building contracts.".

(3)For section 31(2) of the Domestic Building Contracts Act 1995 substitute—

"(2)If a major domestic building contract is not signed by both the builder and the building owner (or their authorised agents)—

(a)the builder has no contractual rights or entitlements under the contract; and

(b)the contractual rights or entitlements of the building owner under the contract may be enforced by the building owner; and

(c)despite paragraph (a), the builder is entitled to recover money from the building owner for the carrying out of domestic building work that is consistent with the domestic building work to be carried out under the unsigned contract, being the cost of the work and a reasonable profit if VCAT is satisfied that—

(i)there are exceptional circumstances, or that the builder would suffer a significant or exceptional hardship if the builder was unable to recover the money; and

(ii)it would not be unfair to the building owner for the builder to recover the money. ".

16Building owner may end a contract within 5 days without penalty

For section 34(4) of the Domestic Building Contracts Act 1995 substitute—

"(4)A building owner cannot withdraw from a contract under this section if the building owner and the builder have previously entered into a major domestic building contract that is in substantially the same terms for the carrying out of work in relation to the same home or land.".

17Sections 37 and 38 substituted

For sections 37 and 38 of the Domestic Building Contracts Act 1995 substitute—

"37   Variation of a major domestic building contract—plans or specifications

(1)The builder and the building owner may agree to vary the plans or specifications set out in a major domestic building contract.

(2)An agreement to vary the plans or specifications set out in a major domestic building contract must—

(a)be in writing that is in English and readily legible; and

(b)be signed by or on behalf of both the builder and the building owner; and

(c)contain the following information—

(i)the date the agreement is made;

(ii)a detailed description of the variation;

(iii)the reason for the variation;

(iv)whether an amendment to any permit under the Building Act 1993 may be required and if so whether the amendment requires any supporting documents;

(v)whether the variation will result in any delay and if so the builder's reasonable estimate of the length of the delay;

(vi)the cost of the variation and the effect it has on the contract price.

(3)Subject to section 38, a builder must not vary the plans or specifications set out in a major domestic building contract unless the variation is in accordance with a variation agreement that complies with subsection (2).

(4)A builder who has not complied with subsection (3) is not entitled to recover any money in respect of domestic building work carried out by the builder to give effect to a variation under this section unless VCAT is satisfied—

(a)that there are exceptional circumstances or that the builder would suffer a significant or exceptional hardship by the operation of this subsection; and

(b)that it would not be unfair to the building owner for the builder to recover the money.

(5)If VCAT is satisfied of the matters set out in subsection (4), the builder is entitled to recover the cost of giving effect to the variation plus a reasonable profit.

(6)This section does not apply to the variation of contractual terms dealing with prime cost items, provisional sums or cost escalation clauses (within the meaning of section 15(1)).

38Exceptions to variation of a major domestic building contract

(1)The requirements in section 37 do not apply to a builder who varies the plans or specifications set out in a major domestic building contract if—

(a)a building surveyor or other authorised person under the Building Act 1993 requires that the variation be made in accordance with a building order under Part 8 of that Act and the following circumstances apply—

(i)the requirement for the variation arose as a result of circumstances beyond the builder's control;

(ii)the builder provides a copy of the building order to the building owner;

(iii)the building owner has not advised the builder in writing within 5 business days of receiving a copy of the building order that the building owner wishes to dispute the building order; or

(b)the variation is required to be made urgently because there is a risk of—

(i)danger to the health and safety of any person or the public at large; or

(ii)damage to property.

(2)If a builder varies the plans or specifications set out in a major domestic building contract in a circumstance set out in subsection (1), the builder, as soon as practicable after starting to give effect to the variation, must give the building owner a document containing the information listed in section 37(2)(c) that relates to the variation.".

18Effect of a variation on the contract price

In section 39 of the Domestic Building Contracts Act 1995 omit "or 38".

19Section 41 amended

(1)In the heading to section 41 of the Domestic Building Contracts Act 1995 omit "for unforeseeable reasons".

(2)For section 41(1) of the Domestic Building Contracts Act 1995 substitute—

"(1)A building owner may end a major domestic building contract if either—

(a)the contract price increases by 15% or more after the contract was entered into; or

(b)the contract has not been completed within 1½ times of the period it was to have been completed by.".

(3)For section 41(2) of the Domestic Building Contracts Act 1995 substitute—

"(2)For the purposes of subsection (1), the following is to be ignored in calculating any price increase or increase in time—

(a)any increased cost or time that arises as a result of a prime cost item or a provisional sum;

(b)any increased cost or time that arises as a result of a variation under section 37 that is initiated by the building owner.".

(4)In section 41(4) of the Domestic Building Contracts Act 1995—

(a)for "Director" (wherever occurring) substitute "Authority";

(b)for "him or her" substitute "the Authority".

20New section 139 inserted

At the end of Part 6 of the Domestic Building Contracts Act 1995 insert—

"139   Transitional provisions—Domestic Building Contracts Amendment Act 2025

The amendments made to this Act by Parts 2 and 3 and sections 21 to 25 of the Domestic Building Contracts Amendment Act 2025 apply only in relation to a domestic building contract entered into on or after the commencement of those Parts and sections.".

PART 4—CONSUMER PROTECTION

21Definitions

In section 3(1) of the Domestic Building Contracts Act 1995, in the definition of defective, after paragraph (b) insert—

"(c)a breach of any warranty set out in section 137C(1) of the Building Act 1993;".

22Implied warranties concerning all domestic building work

(1)In section 8(a) of the Domestic Building Contracts Act 1995, for "in a proper and workmanlike manner" substitute "with due care and skill".

(2)In section 8(d) of the Domestic Building Contracts Act 1995, for "reasonable" substitute "due".

(3)After section 8(d) of the Domestic Building Contracts Act 1995 insert—

"(da)if there is no completion date or period specified in the contract, the builder warrants that the work will be completed within a reasonable time;".

23Limit on amount of deposit

(1)For section 11(1) of the Domestic Building Contracts Act 1995 substitute—

"(1)A builder must not demand or receive a deposit under a domestic building contract that is more than the percentage of the contract price that is prescribed for the contract.

Penalty:100 penalty units.

Note

See also sections 31(1)(ba) and (bb) and 40.".

(2)Section 11(2) of the Domestic Building Contracts Act 1995 is repealed.

24General contents etc. of a contract

(1)After section 31(1)(b) of the Domestic Building Contracts Act 1995 insert—

"(ba)in the case of a contract of a type specified in section 40(2) that is prescribed for the purposes of section 40(3), contains a clause approved by the Authority for the contract and published in the Government Gazette; and

(bb)in the case of a contract of a type not specified in section 40(2), contains a clause approved by the Authority for the contract and published in the Government Gazette; and".

(2)After section 31(1) of the Domestic Building Contracts Act 1995 insert—

"(1A)A builder must not enter into a major domestic building contract of a type specified in section 40(2) that is prescribed for the purposes of section 40(3) before—

(a)the builder gives the prospective building owner a notice in the form approved by the Authority for the contract and published in the Government Gazette; and

(b)the notice is signed by the building owner before the building owner signs the contract.

Penalty:50 penalty units.

(1B)A builder must not enter into a major domestic building contract of a type not specified in section 40(2) before—

(a)the builder gives the prospective building owner a notice in the form approved by the Authority for the contract and published in the Government Gazette; and

(b)the notice is signed by the building owner before the building owner signs the contract.

Penalty:50 penalty units.".

25Limits on progress payments

(1)For section 40(1), (2), (3) and (4) of the Domestic Building Contracts Act 1995 substitute—

"(1)A builder must not demand, recover or retain under a contract of a type specified in subsection (2) an amount of money that is more than the lower of the following amounts—

(a)at the completion of a prescribed stage of the contract, the prescribed percentage (if any) of the contract price that corresponds to the prescribed stage of the contract;

(b)an amount that directly relates to the progress of the building work.

Penalty:50 penalty units.

(2)The following contracts are specified—

(a)a major domestic building contract to build a home where more than 50% of the cost reasonably incurred by the builder for the purposes of the contract is attributed to the use of one or more prescribed modern methods of construction;

(b)a major domestic building contract to build a home where 30% to 50% of the cost reasonably incurred by the builder for the purposes of the contract is attributed to the use of one or more prescribed modern methods of construction;

(c)a major domestic building contract to build a home where less than 30% of the costs reasonably incurred by the builder for the purposes of the contract is attributed to the use of one or more prescribed modern methods of construction.

(3)A builder does not commit an offence against subsection (1) if the contract of a type specified in subsection (2) under which the builder demands, recovers or retains the amount of money is prescribed for the purposes of this subsection.

Note

See also section 31(1)(ba).

(4)A builder must not demand, recover or retain under a major domestic building contract of a type not specified in subsection (2) an amount of money that is more than an amount that directly relates to the progress of the building work that has been carried out under the contract.

Penalty:50 penalty units.

Note

See also section 31(1)(bb).".

(2)In section 40(5) of the Domestic Building Contracts Act 1995, for "a court finds proven a charge under subsection (2) or (3) against a builder, it" substitute "a builder is found guilty of an offence against subsection (1) or (4), the court".

26What is a domestic building work dispute?

After section 44(2)(a) of the Domestic Building Contracts Act 1995 insert—

"(ab)an alleged breach of a warranty set out in section 137C(1) of the Building Act 1993;".

27Withdrawal of referral

In section 45BA(1) of the Domestic Building Contracts Act 1995, after "giving" insert "oral or".

28How may conciliation be conducted?

For section 46A(5)(b) of the Domestic Building Contracts Act 1995 substitute—

"(b)the matter in dispute concerns—

(i)alleged defective building work; or

(ii)an alleged failure to complete domestic building work; or

(iii)alleged damage caused in the carrying out of domestic building work or by defective domestic building work.".

29Certificate of conciliation—dispute accepted for conciliation

After section 46E(2)(c)(ii) of the Domestic Building Contracts Act 1995 insert—

"(iia)a record of agreement for the dispute has ceased to have effect under section 46H;

(iib)the chief dispute resolution officer has determined that a dispute resolution order issued in relation to the dispute has not been complied with;".

30Directions to assessor

After section 48B(2)(a) of the Domestic Building Contracts Act 1995 insert—

"(ab)to determine whether any damage was caused in the carrying out of the domestic building work or by any defective domestic building work; or

(ac)to determine whether the damage caused in the carrying out of the domestic building work or by any defective domestic building work is attributable to the builder; or".

31Assessor may enter building site

In section 48D(3) of the Domestic Building Contracts Act 1995—

(a)for "inform the occupier" substitute "inform the occupier of the following matters unless the occupier has previously been informed of any of those matters by a dispute resolution officer or the chief dispute resolution officer";

(b)in paragraph (a), for "site; and" substitute "site;";

(c)in paragraph (b), for "conciliation; and" substitute "conciliation;".

32Power to require production of documents

In section 48F(1) of the Domestic Building Contracts Act 1995, after "defective or incomplete," insert "or whether damage was caused in the carrying out of the work or by the work,".

33New section 48OA inserted

After section 48O of the Domestic Building Contracts Act 1995 insert—

"48OA   Power of assessor to amend a report prepared under section 48O

(1)An assessor may amend a report prepared under section 48O in any of the following circumstances—

(a)if the assessor identifies errors in the report;

(b)if a new defect in the domestic building work has been alleged, or the defect previously alleged is now alleged to have caused further or new damage at the premises;

(c)if a domestic building contract, plans and specifications have been produced after the report was prepared and the assessor wishes to amend the report in order to recommend a preferred method of rectification or completion of the domestic building work;

(d)if a submission made by a party to the dispute under section 48O(6)—

(i)raises a valid matter that was not considered by the assessor when the assessor examined the domestic building work; or

(ii)alleges an error in the assessor's report.

(2)If an assessor amends a report under subsection (1), the assessor must give the amended report to each party to the dispute and to the chief dispute resolution officer.".

34Section 48P substituted

For section 48P of the Domestic Building Contracts Act 1995 substitute—

"48P   Report if building work not defective, incomplete or caused damage

If, as a result of an examination, the assessor is of the opinion that the domestic building work examined is not defective or incomplete or that no damage was caused in the carrying out of the domestic building work or by the defective domestic building work, the report under section 48O must include a statement to that effect.".

35Section 48Q amended

(1)In the heading to section 48Q of the Domestic Building Contracts Act 1995, for "defective or incomplete" substitute "defective, incomplete or caused damage".

(2)For section 48Q(1) of the Domestic Building Contracts Act 1995 substitute—

"(1)This section applies if, as a result of an examination, an assessor considers that—

(a)the domestic building work examined is defective or incomplete; or

(b)damage was caused in the carrying out of the domestic building work or by the defective domestic building work.".

(3)In section 48Q(2)(a) of the Domestic Building Contracts Act 1995, after "defective or incomplete" insert "or that damage is caused in the carrying out of the domestic building work or by the defective domestic building work".

(4)In section 48Q(3)(a) of the Domestic Building Contracts Act 1995, after "defective or incomplete building work" insert "or the damage".

(5)In section 48Q(3)(b) of the Domestic Building Contracts Act 1995, after "defective or incomplete work" insert "or the damage".

(6)After section 48Q(3)(a) of the Domestic Building Contracts Act 1995 insert—

"(ab)specify if the assessor is of the opinion that any defective or incomplete domestic building work or damage is attributable to the builder; and".

36When can a dispute resolution order be issued?

(1)After section 49(1)(c)(i) of the Domestic Building Contracts Act 1995 insert—

"(ia)an alleged breach of a warranty set out in section 137C(1) of the Building Act 1993;

(ib)damage allegedly caused in the carrying out of the domestic building work or by any defective domestic building work ;".

(2)In section 49(1)(c)(iii) and (iv) of the Domestic Building Contracts Act 1995, before "complete" insert "commence or".

(3)After section 49(1)(c)(v) of the Domestic Building Contracts Act 1995 insert—

"(va)an alleged failure to pay money under a domestic building contract;

(vb)an alleged request for, or the retention of, an amount of money which is not due and payable under a domestic building contract;".

37Matters to be considered by chief dispute resolution officer before issuing dispute resolution order

For section 49A(1)(a) of the Domestic Building Contracts Act 1995 substitute—

"(a)any change in the nature of the dispute or the circumstances of the parties including the extent of any partial performance of an action specified in a record of agreement (if applicable) since—

(i)a copy of the assessor's report (if applicable) was given to the chief dispute resolution officer under Division 5; or

(ii)any conciliation conference was conducted under Division 3;".

38Requirements for the payment of money

(1)For section 49C(1)(ab) of the Domestic Building Contracts Act 1995 substitute—

"(ab)a builder to pay an amount of money to the building owner for the cost of any of the following—

(i)rectifying any defective domestic building work;

(ii)rectifying any damage caused in the carrying out of the domestic building work or by any defective domestic building work;

(iii)completing domestic building work that is incomplete; or".

(2)For section 49C(1)(b) of the Domestic Building Contracts Act 1995 substitute—

"(b)a building owner to pay an amount of money into the Domestic Building Dispute Resolution Victoria Trust Fund to be paid to the builder—

(i)on completion of the domestic building work under the contract; and

(ii)on rectification by the builder of defective domestic building work; and

(iii)on rectification by the builder of damage caused in the carrying out of domestic building work under the domestic building contract or caused by defective domestic building work; or".

(3)After section 49C(1)(b) of the Domestic Building Contracts Act 1995 insert—

"(ba)a building owner to pay an amount of money to the builder in relation to a claim or entitlement arising under the domestic building contract; or

(bb)a builder to refund part or all of an amount of money paid by the building owner to the builder under the domestic building contract if—

(i)the builder accepted payment of the amount without first obtaining the required insurance under the Building Act 1993; or

(ii) there have been significant delays in the commencement or completion of the domestic building work under the contract; or

(bc)a builder to refund money paid by the building owner to the builder if the builder had no claim or entitlement to that money under the domestic building contract; or".

(4)After section 49C(2) of the Domestic Building Contracts Act 1995 insert—

"(3)If a dispute resolution order requires a builder to refund part or all of an amount of money paid by the building owner to the builder in the circumstances described in subsection (1)(bb)(i) or (ii), the builder may retain a reasonable amount of the money for the domestic building work carried out by the builder under the contract and expenses incurred in relation to that work.".

39Notice to insurer

In section 49F(3)(b) of the Domestic Building Contracts Act 1995 omit "of a failure to rectify defective domestic building word".

40Request to amend or cancel dispute resolution order

For section 49J(2) of the Domestic Building Contracts Act 1995 substitute—

"(2)A request may be made on the ground that there has been a substantial change in the nature of the dispute or the circumstances of the parties since the dispute was referred to the chief dispute resolution officer under section 45.".

41Matters to be considered in deciding on request

For section 49M(b)(ii) of the Domestic Building Contracts Act 1995 substitute—

"(ii)if section 49J(2) applies—any change in the nature of the dispute or the circumstances of the parties since the dispute was referred to the chief dispute resolution officer under section 45; and".

42Notice of decision of chief dispute resolution officer

(1)In section 49O(1) of the Domestic Building Contracts Act 1995, for "49L" substitute "49H, 49I, 49L".

(2)In section 49O(2) of the Domestic Building Contracts Act 1995, for "49L, 49N or 49T" substitute "49H, 49L or 49N".

43New section 49OA inserted

After section 49O of the Domestic Building Contracts Act 1995 insert—

"49OA   Power of chief dispute resolution officer to correct a dispute resolution order

(1)The chief dispute resolution officer may correct a dispute resolution order made by the officer if the order contains—

(a)a clerical mistake; or

(b)an error arising from an accidental slip or omission; or

(c)a material miscalculation of figures or a material mistake in the description of any person, thing or matter referred to in the order; or

(d)a defect of form.

(2)The correction may be made—

(a)on the chief dispute resolution officer's own initiative; or

(b)on the application of a party to the domestic building work dispute.".

44Notice of failure to rectify or complete work

(1)For section 49R(1) of the Domestic Building Contracts Act 1995 substitute—

"(1)A building owner may give written notice to the chief dispute resolution officer that the builder has failed to do any of the following in accordance with a dispute resolution order—

(a)rectify defective domestic building work;

(b)complete domestic building work;

(c)rectify damage caused in the carrying out of domestic building work or by defective domestic building work.".

(2)In section 49R(2) of the Domestic Building Contracts Act 1995, for "5 business days" (where twice occurring) substitute "20 business days".

45Chief dispute resolution officer to direct assessor to examine work

For section 49S(1)(a) of the Domestic Building Contracts Act 1995 substitute—

"(a)rely on a statement from the builder that the builder has failed to do any of the following in accordance with the dispute resolution order—

(i)rectify defective domestic building work;

(ii)complete domestic building work;

(iii)rectify damage caused in the carrying out of domestic building work or by defective domestic building work; or".

46New section 49SA inserted

After section 49S of the Domestic Building Contracts Act 1995 insert—

"49SA   Assessor's report admissible in evidence

A report of an assessor under section 49S is admissible in evidence in a proceeding before VCAT or any other legal proceeding.".

47Section 49T repealed

Section 49T of the Domestic Building Contracts Act 1995 is repealed.

48Breach of dispute resolution order notice

(1)In section 49U(1) of the Domestic Building Contracts Act 1995, for "Subject to section 49T, the" substitute "The".

(2)For section 49U(1)(b) of the Domestic Building Contracts Act 1995 substitute—

"(b)the builder provides a statement referred to in section 49S(1)(a); or".

(3)In section 49U(1)(c) of the Domestic Building Contracts Act 1995, for "(a) or (b)" substitute "(a), (b) or (ba)".

(4)In section 49U(1)(d) of the Domestic Building Contracts Act 1995, for "(ab) or (ac)" substitute "(ab), (ac), (bb) or (bc)".

(5)After section 49U(1)(d) of the Domestic Building Contracts Act 1995 insert—

"(da)the builder has failed to pay an amount of, or refund, money in accordance with a dispute resolution order under section 49C(1)(ab), (ac), (bb) or (bc); or".

(6)In section 49U(1)(e) of the Domestic Building Contracts Act 1995, for "or (b)" substitute ", (b) or (ba)".

49Section 49V amended

(1)In the heading to section 49V of the Domestic Building Contracts Act 1995, after "notice" insert "if dispute settled".

(2)Section 49V(2) of the Domestic Building Contracts Act 1995 is repealed.

50New section 49VA inserted

After section 49V of the Domestic Building Contracts Act 1995 insert—

"49VA   Cancellation of breach of dispute resolution order notice in certain circumstances

(1)The chief dispute resolution officer may cancel a breach of dispute resolution order notice if the party in breach—

(a) has made reasonable efforts either—

(i)to settle the domestic building work dispute to which the dispute resolution order applies; or

(ii)to comply with the substantive requirements of the dispute resolution order; and

(b)has been unable to do so because of matters outside of that party's control.

(2)The chief dispute resolution officer must give each party to the domestic building work dispute a written notice of the cancellation of the breach of dispute resolution order notice.

(3)The chief dispute resolution officer must give the Authority written notice of the cancellation of the breach of dispute resolution order notice.".

PART 5—INSPECTION, ENFORCEMENT AND REMEDY POWERS

Division 1—Amendment of Domestic Building Contracts Act 1995

51Definitions

In section 3(1) of the Domestic Building Contracts Act 1995 insert the following definitions—

"plumbing work has the same meaning as in section 221C of the Building Act 1993;

relevant building surveyor has the same meaning as in the section 3(1) of the Building Act 1993;

VBA inspector has the same meaning as in section 3(1) of the Building Act 1993;".

52New Part 5A inserted

After Part 5 of the Domestic Building Contracts Act 1995 insert—

'PART 5A—INSPECTION, ENFORCEMENT AND REMEDY POWERS

Division 1—Authorised person

68AAuthorised person

In this Part—

authorised person means a VBA inspector within the meaning of section 3(1) of the Building Act 1993.

Division 2—Powers to obtain or require production of information or documents

68B Power to obtain information or documents

(1)An authorised person may give a person a notice in writing requiring the person to provide information or documents to the authorised person—

(a)if the authorised person has reasonable grounds to suspect that an offence has been committed under this Act or the regulations; or

(b)to determine whether this Act or the regulations have been complied with.

(2)If any documents are produced to an authorised person under this section, the authorised person may make copies of or take extracts from the documents and retain possession of those copies and extracts.

68C Authorised person may seek court order

(1)If an authorised person believes on reasonable grounds that a person may have contravened this Act or the regulations, the authorised person may apply to the Magistrates' Court for an order requiring any person at a time and place specified by the authorised person—

(a)to answer orally or in writing any questions put by the authorised person in relation to the alleged contravention; or

(b)to supply orally or in writing information required by the authorised person in relation to the alleged contravention; or

(c)to produce to the authorised person specified documents or documents of a specified class of document relating to the alleged contravention.

(2)The Magistrates' Court may make the order if satisfied that there are reasonable grounds to believe that a person may have contravened this Act or the regulations.

(3)An order must state a day on which the order ceases to have effect.

(4)If an order does not state a day on which the order ceases to have effect, the order ceases to have effect 28 days after the making of the order.

68DInspection of documents under court order

(1)If any documents are produced to an authorised person under an order made under section 68C, the authorised person may do all or any of the following—

(a)inspect the documents or authorise a person to inspect the documents;

(b)make copies of or take extracts of the documents;

(c)seize the documents;

(d)secure any seized documents against interference;

(e)retain possession of the documents in accordance with this Part.

(2)An authorised person may only seize documents under subsection (1)(c) if the person considers the documents necessary for the purpose of obtaining evidence for the purpose of any proceeding against any person under this Act or the regulations.

68ENotification of execution of court order

(1)An authorised person who executes an order under section 68C must, as soon as practicable after the execution of the order, notify the Magistrates' Court in writing of—

(a)the time and place of execution; and

(b)the documents or classes of document seized; and

(c)if documents were seized under section 68D(1)(c) in relation to an alleged contravention other than a contravention for which the order was made, the alleged contravention in relation to which the documents were seized.

(2)The Magistrates' Court may direct the authorised person to bring before the Court a document to which subsection (1)(c) applies so that the matter may be dealt with according to law.

(3)The Magistrates' Court may direct that a document brought before it under subsection (2) be returned to its owner, if in the opinion of the Court the return of the document is consistent with the interests of justice.

(4)A direction under subsection (3) may be subject to any condition the Magistrates' Court considers appropriate.

Division 3—Entry powers

68FEntry for monitoring and other purposes

(1)For the purposes of determining whether this Act or the regulations are being complied with, an authorised person may enter and search any building or land at which the authorised person believes on reasonable grounds that—

(a)a person is conducting a business relating to the building industry or plumbing industry; or

(b)a person is keeping a record or document that—

(i)is required to be kept by this Act or the regulations; or

(ii)may show whether or not this Act or the regulations are being complied with; or

(c)building work or plumbing work is being, or has been, carried out.

(2)A power under subsection (1) must not be exercised in or on any part of a building that is used for residential purposes unless the authorised person obtains the consent of the occupier of the building.

(3)An authorised person may enter and search a building or land under subsection (1) with the assistance of any person necessary to provide technical assistance to the authorised person.

(4)An authorised person who enters and searches any building or land under this section may do all or any of the following—

(a)examine any thing found in or on the building or land;

(b)examine any building work or plumbing work that has been or is being carried out in or on the building or land;

(c)seize any thing found in or on the building or land or secure any thing found in or on the building or land against interference, if the authorised person believes on reasonable grounds that the thing is connected with a contravention of this Act or the regulations;

(d)take and keep samples of any thing found in or on the building or land, if the authorised person believes on reasonable grounds that the thing is connected with a contravention of this Act or the regulations;

(e)require a person to produce any document in or on the building or land for examination and, if the authorised person believes on reasonable grounds that the document is connected with an alleged contravention of this Act or the regulations—

(i)examine, make copies or take extracts from the document, or arrange for the making of copies or the taking of extracts; and

(ii)remove the document for so long as is reasonably necessary to make copies or take extracts from the document;

(f)make any still or moving image, audio recording or audiovisual recording;

(g)bring any equipment onto or into the building or land that the authorised person believes on reasonable grounds is necessary for the examination or processing of things found at the building or land in order to determine whether they are things that may be seized under this section;

(h)require by written notice any of the following persons to attend any inspection of plumbing work or building work under this section that was carried out or supervised by that person—

(i)a person who is or was a licensed or registered plumber;

(ii)a person who is or was a registered building practitioner;

(iii)a person to whom a certificate of consent was issued under Division 3A of Part 3 of the Building Act 1993.

(5)An authorised person exercising the power under subsection (4)(h) may require a person to attend an inspection at a mutually agreed time or, if a time is not mutually agreed to, at a reasonable time.

(6)A power under subsection (1) relating to a building or land (other than a building used for residential purposes) must be exercised—

(a)between the hours of 8 a.m. to 6 p.m.; or

(b)when a business conducted at the building or land is open for business; or

(c)when building work or plumbing work is being carried out at the building or land; or

(d)at any other time with the written consent of the occupier of the building or land.

(7)If an authorised person exercises a power of entry under this section without the owner or occupier being present the authorised person must, on leaving the building or land, leave a notice setting out—

(a)the time of entry; and

(b)the purpose of entry; and

(c)a description of things done while in or on the building or land; and

(d)the time of departure; and

(e)the procedure for contacting the authorised person for further details of the entry.

(8)A notice under subsection (7) may be in a form approved by the Authority.

68GNotice before entry and search with consent

An authorised person must not enter and search any building under section 68F where consent is required to enter unless, before the occupier consents to the entry and search, the authorised person has informed the occupier—

(a)of the purpose of the search; and

(b)that the occupier may refuse to give consent to the entry and search or to the seizure of any thing found during the search; and

(c)that the occupier may refuse to give consent to the taking of any sample of a thing or any copy or extract from a document found in or on the building during the search; and

(d)that the occupier may refuse to produce any document required to be produced for examination; and

(e)that any thing seized or taken during the search with the consent of the occupier may be used in evidence in a proceeding.

68HAcknowledgement of consent to entry and search

(1)If an occupier of a building consents to the entry and search of the building by an authorised person under section 68F, the authorised person must, before entering the building, ask the occupier to sign an acknowledgment.

(2)For the purposes of subsection (1), the acknowledgment must state—

(a)that the occupier has been informed—

(i)of the purpose of the search; and

(ii)that the occupier may refuse to give consent to the entry and search or to the seizure of any thing found during the search; and

(iii)that the occupier may refuse to give consent to the taking of any sample of a thing or any copy or extract from a document found in or on the building during the search; and

(iv)that the occupier may refuse to produce any document required to be produced for examination; and

(v)that any thing seized or taken during the search with the consent of the occupier may be used in evidence in a proceeding; and

(b)that the occupier has consented to the entry and search; and

(c)the date and time that the occupier consented.

(3)If an occupier of a building consents to the seizure or taking of any thing during a search of the building by an authorised person, the authorised person must, before seizing or taking the thing, ask the occupier to sign an acknowledgement.

(4)For the purposes of subsection (3), the acknowledgment must state—

(a)that the occupier has consented to the seizure or taking of the thing; and

(b)the date and time that the occupier consented.

(5)An authorised person must give a copy of a signed acknowledgement to the occupier before leaving the building.

(6)If, in a proceeding, a signed acknowledgment is not produced to the court or tribunal, it must be presumed, until the contrary is proved, that the occupier did not consent to the entry and search or to the seizure or the taking of the thing.

68IUse or seizure of electronic equipment during search

(1)If an authorised person, during a search under section 68F—

(a)finds a thing in or on the building or land that is or includes a disc, tape or other device for the storage of information; and

(b)believes that there is in or on the building or land equipment that may be used with the disc, tape or other storage device; and

(c)believes on reasonable grounds that information stored in the disc, tape or other storage device—

(i)may be relevant to determine whether this Act or the regulations have been complied with; or

(ii)may assist in enforcement of safety of buildings and of building and plumbing standards under this Act—

the authorised person may operate, or may require the occupier of the building or land or an employee of the occupier to operate, the equipment to access the information.

(2)If the authorised person believes on reasonable grounds that a disc, tape or other storage device in or on the building or land contains, stores or is otherwise used in the transmission of information that—

(a)may be relevant to determine whether this Act or the regulations have been complied with; or

(b)may assist in enforcement of safety of buildings and of building and plumbing standards under this Act—

the authorised person may—

(c)put the information in a documentary form and seize the documents so produced; or

(d)copy the information to another disc, tape or other storage device and remove that disc, tape or storage device from the building or land; or

(e)if it is not practicable to put the information in a documentary form or to copy the information, seize the disc, tape or other storage device and the equipment that enables the information to be accessed.

(3)An authorised person must not operate or seize equipment for a purpose set out in this section unless the authorised person believes on reasonable grounds that the operation can be carried out without damage to the equipment.

68JEntry with search warrant to find evidence of contravention

(1)An authorised person may apply to a magistrate for the issue of a search warrant in relation to a particular building or land if the authorised person suspects on reasonable grounds that—

(a)there is, or may be within the next 72 hours, in the building or on the land evidence that a person may have contravened this Act or the regulations; or

(b)there is evidence in digital or electronic format that a person may have contravened this Act or the regulations that is accessible from the building or land.

(2)If a magistrate is satisfied by the evidence, on oath or by affidavit, that there are reasonable grounds to suspect that—

(a)there is, or may be within the next 72 hours, in the building or on the land a thing, or thing of a particular kind, connected with a contravention of this Act or the regulations; or

(b)there is information in digital or electronic format connected with a contravention of this Act or the regulations that is accessible from the building or land—

the magistrate may issue the search warrant in accordance with the Magistrates' Court Act 1989.

68KForm and content of search warrants

(1)A search warrant issued under section 68J(2) may authorise an authorised person named in the warrant to enter a building or land specified in the warrant, if necessary by force, and to do any of the following—

(a)if the authorised person believes on reasonable grounds that a thing, or thing of a particular kind, named or described in the warrant is connected with the alleged contravention—

(i)search for the thing; or

(ii)seize the thing; or

(iii)secure the thing against interference; or

(iv)examine, inspect and take and keep samples of the thing;

(b)in the case of any document, or a document of a particular kind, named or described in the warrant, if the authorised person believes on reasonable grounds that the document is connected with the alleged contravention—

(i)require a person to produce the document for inspection; or

(ii)examine, make copies or take extracts from the document, or arrange for the making of copies or the taking of extracts; or

(iii)remove the document for so long as is reasonably necessary to make copies or take extracts from the document;

(c)make an image of the hard drive of a computer, or a computer of a particular kind, named or described in the warrant, if the authorised person believes on reasonable grounds that information contained on the hard drive is connected with the alleged contravention;

(d)in the case of information in electronic or digital format described in the warrant that is accessible from the premises, if the authorised person believes on reasonable grounds that the information is connected with the alleged contravention—

(i)access the information via any computer or other electronic device located on the premises; or

(ii)download or make an electronic copy of that information; or

(iii)make or produce a physical copy of that information;

(e)make any still or moving image, audio recording or audiovisual recording of any thing of a particular kind named or described in the warrant, if the authorised person believes on reasonable grounds that it is connected with the alleged contravention.

(2)A search warrant issued under section 68J(2) may authorise, in addition to an authorised person, any other person named or otherwise identified in the warrant to execute the warrant.

(3)A search warrant issued under section 68J(2) must state—

(a)the purpose for which the search is required and the nature of the alleged contravention; and

(b)the building or land to be searched; and

(c)a description of the thing or document for which the search is to be made; and

(d)any conditions to which the warrant is subject; and

(e)whether entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and

(f)a day, not later than 28 days after the issue of the warrant, on which the warrant ceases to have effect.

(4)Except as provided by this Act, the rules to be observed with respect to search warrants under the Magistrates' Court Act 1989 extend and apply to warrants issued under section 68J(2).

68LSeizure of things not mentioned in the warrant

A search warrant issued under section 68J(2) authorises an authorised person named in the warrant, in addition to the seizure of any thing of the kind described in the warrant, to seize or take a sample of any thing which is not of the kind described in the warrant if—

(a)the authorised person believes on reasonable grounds that the thing—

(i)is of a kind which could have been included in a search warrant issued under section 68J(2); and

(ii)will afford evidence about a contravention of this Act or the regulations; and

(b)in the case of the seizure of a thing, the authorised person believes on reasonable grounds that it is necessary to seize that thing in order to prevent its concealment, loss or destruction or its use in the contravention of this Act or the regulations.

68MWarrant may authorise giving a direction requiring assistance from person with knowledge of computer or other device

(1)This section applies if a magistrate is satisfied by evidence, on oath or by affidavit, that there are reasonable grounds to believe that there is information in digital or electronic format connected with a contravention of this Act or the regulations that is accessible from a particular building or land.

(2)Subject to subsection (3), a warrant issued by the magistrate under section 68J(2) may authorise the authorised person named in the warrant to require a person to provide any information or assistance that is reasonable and necessary to allow the authorised person or another person to do one or more of the following things—

(a)access information held in, or accessible from, any computer or other electronic device located on the premises;

(b)download or make an electronic copy of that information;

(c)make or produce a physical copy of that information.

(3)The authorised person may require a person to provide the information or assistance referred to in subsection (2) if the person—

(a)is one of the following—

(i)the person alleged to have contravened this Act or the regulations;

(ii)the owner or lessee of the computer or other electronic device;

(iii)an employee of the owner or lessee of the computer or other electronic device;

(iv)a person engaged under a contract for services by the owner or lessee of the computer or other electronic device; and

(b)has relevant knowledge of—

(i)the computer or other electronic device or a computer network of which the computer or electronic device forms or formed part; or

(ii)measures applied to protect information held in, or accessible from, the computer or other electronic device.

68NAnnouncement before entry

(1)Before executing a warrant issued under section 68J(2), the authorised person named in the warrant or a person assisting the authorised person—

(a)must announce that the person is authorised by the warrant to enter the building or land; and

(b)give any person at the building or land an opportunity to allow entry to the building or land.

(2)The authorised person or a person assisting the authorised person is not required to comply with subsection (1) if the person believes on reasonable grounds that immediate entry to the building or land is required to ensure—

(a)the safety of any person; or

(b)that the effective execution of the warrant is not frustrated.

68OCopy of warrant to be given to occupier

If the occupier or another person who apparently represents the occupier is present at a building or land when a warrant issued under section 68J(2) is being executed, the authorised person must—

(a)produce the authorised person's identity card for inspection by that person; and

(b)give to that person a copy of the execution copy of the warrant.

Division 4—Ancillary provisions

68P Powers of authorised person to require information when exercising power of entry

An authorised person who exercises a power of entry to a building or land under Division 3 may, to the extent that it is reasonably necessary to determine compliance with this Act or the regulations, require a person at the building or land—

(a)to give information to the authorised person, orally or in writing; and

(b)to give reasonable assistance to the authorised person.

68QCertified copies of seized documents

(1)If an authorised person retains possession of a document seized from a person under this Part, the authorised person must give the person, as soon as practicable after the seizure, a copy of the document certified as correct by the authorised person.

(2)A copy of a document certified under subsection (1) is to be received in all courts and tribunals to be evidence of equal validity to the original.

68RRetention and return of seized documents or things

(1)If an authorised person seizes a document or other thing under this Part, the authorised person must take reasonable steps to return the document or thing to the person from whom it was seized if the reason for its seizure no longer exists.

(2)If the document or thing seized has not been returned within 3 months after it was seized, the authorised person must take reasonable steps to return it unless—

(a)a proceeding for the purpose for which the document or thing was retained has commenced within that 3 month period and that proceeding (including any appeal) has not been completed; or

(b)the Magistrates' Court makes an order under section 68S extending the period during which the document or thing may be retained.

(3)This section does not apply to a sample taken by an authorised person in the exercise of a power under this Part.

68SMagistrates' Court may extend 3 month period for retention of document or thing

(1)If an authorised person seizes a document or other thing under this Part, the authorised person may apply to the Magistrates' Court for an order for an extension, not exceeding 3 months, of the period for which the authorised person may retain the document or thing.

(2)An application under subsection (1) must be made—

(a)within 3 months after seizing a document or other thing under this Part; or

(b)if an extension has been granted under this section, before the end of the period of the extension.

(3)The Magistrates' Court may make the order if it is satisfied that—

(a)it is in the interests of justice; and

(b)the total period of retention does not exceed 12 months; and

(c)retention of the document or other thing is necessary—

(i)for the purposes of an investigation into whether a contravention of this Act or the regulations has occurred; or

(ii)to enable evidence of a contravention of this Act or the regulations to be obtained for the purposes of a proceeding under this Act.

(4)At least 7 days prior to the hearing of an application under this section, notice of the application must be sent to the owner of the document or thing described in the application.

68TTaking samples

(1)If an authorised person proposes to take a sample in the exercise of a power under this Part, the authorised person must advise the person in possession of the sample of the reason why the sample is being taken.

(2)The authorised person, at the request of the person from whom the sample was taken, must give part of the sample taken to that person.

(3)If an authorised person takes a sample in the exercise of a power under this Part, the authorised person must return the sample to the person from whom it was taken within 28 days after the sample was taken, if the sample is not required for the purposes of a proceeding under this Act or the regulations.

68URefusal or failure to comply with requirement

A person must not, without reasonable excuse, refuse or fail to comply with a requirement of an authorised person exercising a power under this Part.

Penalty:60 penalty units, in the case of a natural person;

300 penalty units, in the case of a body corporate.

68VProtection against self-incrimination

(1)It is a reasonable excuse for a natural person to refuse or fail to give information, including information required to be given under section 68ZQ(2), or do any other thing that the person is required to do by or under this Part, if the giving of the information or the doing of that other thing would tend to incriminate the person.

(2)Despite subsection (1), it is not a reasonable excuse for a natural person to refuse or fail to produce a document that the person is required to produce by or under this Part, if the production of the document would tend to incriminate the person.

(3)Despite subsection (1), it is not a reasonable excuse for a natural person to refuse or fail to provide information or assistance that a person is required under section 68M to provide, if the provision of the information or assistance would tend to incriminate the person.

68WImpersonation of authorised person

A person must not impersonate an authorised person carrying out a function under this Part.

Penalty:60 penalty units.

68XConfidentiality

(1)An authorised person must not give to any other person, whether directly or indirectly, any information obtained in the exercise of powers as an authorised person under this Part.

Penalty:60 penalty units.

(2)Despite subsection (1), information may be given—

(a)to the extent necessary—

(i)to carry out functions under this Act or the regulations; or

(ii)in connection with the administration or enforcement of this Act or the regulations; or

(iii)to give any information the authorised person is authorised, permitted or required to give under this Act or any other Act or the regulations under this Act; or

(b)for the purpose of any legal proceeding under this Act or the regulations, or of any report of the proceeding; or

(c)with the consent of the Minister.

68YRegister of exercise of powers of entry

(1)The Authority must keep a register containing the prescribed information relating to the exercise of a power of entry under Division 3 by an authorised person.

(2)The occupier of a building or land, in respect of which a power of entry under Division 3 has been exercised, may request that the Authority provide an extract to the occupier of information kept in the register relating to that entry.

(3)The Authority must—

(a)keep the prescribed information relating to each exercise of a power of entry under Division 3 for 10 years after the date of that entry; and

(b)provide an extract under subsection (2) if so requested.

68ZComplaints to the Authority

Any person may complain to the Authority about the exercise of a power under Division 2 or 3 by an authorised person.

Division 5—Remedies

Subdivision 1—Interpretation

68ZAInterpretation

A reference in this Division to a person involved in a contravention of this Act means a reference to a person who—

(a)has aided, abetted, counselled or procured the contravention; or

(b)has induced, whether by threats or promises or otherwise, the contravention; or

(c)has been in any way, directly or indirectly, knowingly concerned in or party to, the contravention; or

(d)has conspired with others to effect the contravention.

Subdivision 2—Undertakings

68ZBUndertakings

(1)The Authority may accept a written undertaking given by a person in connection with a matter in relation to which the Authority has a function under this Act.

(2)The person may withdraw or vary an undertaking at any time, if the person has first obtained the consent of the Authority.

(3)If the Authority considers that the person who gave the undertaking has failed to comply with any of its terms, the Authority may apply to a court for an order under subsection (4).

(4)If a court is satisfied that the person has failed to comply with a term of the undertaking, the court may make all or any of the following orders—

(a)an order directing the person to comply with that term of the undertaking;

(b)an order directing the person to carry out building work, protection work or plumbing work;

(c)an order directing the person to pay to the State an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the failure to comply;

(d)any order that the court considers appropriate directing the person to compensate any other person who has suffered loss, injury or damage as a result of the failure to comply;

(e)any other order that the court considers appropriate.

(5)If a body corporate is found to have failed to comply with an undertaking, each officer of the body corporate is taken to have so failed to comply with the undertaking if the officer knowingly authorised or permitted the failure and the court may, against the officer, make all or any of the orders set out in subsection (4) that the court thinks appropriate.

68ZCCopy of undertaking

The Authority must give a copy of an undertaking under section 68ZB to the person who made the undertaking.

68ZDRegister of undertakings

(1)The Authority must—

(a)maintain a register of undertakings; and

(b)register each undertaking given under section 68ZB in the register of undertakings.

(2)The register of undertakings must include the following—

(a)the name and address of the person who gave the undertaking;

(b)the date of the undertaking;

(c)a copy of the undertaking.

(3)The register of undertakings may be inspected by any person at any reasonable time, without charge.

Subdivision 3—Injunctions

68ZEInjunctions

(1)A court may grant an injunction, in such terms as the court considers appropriate, if the court is satisfied that a person has engaged, or is proposing to engage, in conduct that constitutes or would constitute—

(a)a contravention of a provision of this Act or of the regulations or of a notice, direction, order or determination issued or made under this Act or the regulations; or

(b)attempting to contravene such a provision; or

(c)aiding, abetting, counselling or procuring a person to contravene such a provision; or

(d)inducing, or attempting to induce, whether by threats, promises or otherwise, a person to contravene such a provision; or

(e)being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of such a provision; or

(f)conspiring with others to contravene such a provision.

(2)The court may grant the injunction on application by—

(a)the Authority; or

(b)any other prescribed person.

(3)An application for an injunction under subsection (1) may be made ex parte.

(4)The power of the court to grant an injunction under subsection (1) restraining a person from engaging in conduct may be exercised—

(a)whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of a kind referred to in that subsection; and

(b)whether or not the person has previously engaged in conduct of that kind; and

(c)whether or not there is an imminent danger of substantial damage to any other person if the person engages in conduct of that kind.

(5)Without limiting subsection (1), the court may grant an injunction under that subsection requiring a person to do any of the following—

(a)institute a training program for the person's employees in relation to compliance with this Act and the regulations;

(b)carry out building work, plumbing work or other work;

(c)transfer property;

(d)destroy or dispose of goods that have been or may be used in carrying out building work or plumbing work.

(6)The power of the court to grant an injunction under subsection (1) requiring a person to do an act or thing may be exercised—

(a)whether or not it appears to the court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and

(b)whether or not the person has previously refused or failed to do that act or thing; and

(c)whether or not there is an imminent danger of substantial damage to any other person if the person refuses or fails to do that act or thing.

68ZFConsent injunctions

If an application is made under section 68ZE, the court may, if it considers that it is appropriate to do so, grant an injunction under this section by consent of all the parties to the proceeding, whether or not the court is satisfied as required by section 68ZE(1).

68ZGInterim injunctions

If an application is made under section 68ZE, the court, if it considers that it is desirable to do so, may grant an interim injunction under this section pending the determination of the application.

68ZHVariation and discharge of injunctions

A court may vary or discharge—

(a)an injunction that it has granted under section 68ZE; or

(b)an interim injunction that it has granted under section 68ZG.

68ZIUndertakings as to damages and costs

(1)This section applies if in an application under section 68ZE made by the Authority—

(a)the court would, but for subsection (2), require a person to give an undertaking as to damages or costs; and

(b)the Authority gives the undertaking.

(2)The court must accept the undertaking by the Authority and must not require a further undertaking from any other person.

Division 6—Orders, declarations etc.

68ZJOrders to prohibit payment of money or transfer of other property

(1)Subject to this section, a court may in the course of a prescribed proceeding against a person (the relevant person) under this Act, make one or more of the following orders—

(a)an order prohibiting, either absolutely or subject to conditions, the making of a payment by a person in total or partial discharge of a debt owed to the relevant person or an associate of the relevant person;

(b)an order prohibiting, either absolutely or subject to conditions, the relevant person from parting with possession of, or transferring or encumbering, any of that person's money or property;

(c)an order prohibiting, either absolutely or subject to conditions, a person who is holding money or other property on behalf of the relevant person or an associate of the relevant person from paying all or any of the money or parting with possession of, or transferring or encumbering, all or any of the property to the person on whose behalf the money is held or another person at the request of that person;

(d)an order prohibiting, either absolutely or subject to conditions, an ADI at which the relevant person holds an account from transferring, or allowing any person to withdraw, money standing to the credit of the account;

(e)an order prohibiting, either absolutely or subject to conditions, the taking or sending by a person of money of the relevant person or of an associate of the relevant person to a place outside Victoria;

(f)an order prohibiting, either absolutely or subject to conditions, the taking, sending or transferring by a person of other property of the relevant person or of an associate of the relevant person to a place outside Victoria;

(g)if the relevant person is a natural person, an order appointing a receiver or trustee of the property or part of the property of the relevant person with such powers as are specified in the order.

(2)The Minister, the Authority or another person who is a party to a prescribed proceeding may make an application for an order under this section.

(3)Subject to subsection (4), an order under this section may be expressed to operate—

(a)for a period specified in the order; or

(b)until a proceeding under any other provision of this Part in relation to which the order was made has been concluded.

(4)An order under this section made on an ex parte application must not operate for a period of more than 30 days.

(5)A person must comply with an order by a court under this section that is applicable to that person.

Penalty:240 penalty units, in the case of a natural person;

600 penalty units, in the case of a body corporate.

(6)Nothing in this section affects the powers the court has apart from this section.

(7)A reference in this section to a person who is an associate of another person is a reference to—

(a)a person holding money or other property on behalf of the other person; or

(b)if the other person is a body corporate, a related body corporate.

(8)In this section, prescribed proceeding means—

(a)a proceeding for an offence against this Act; or

(b)a proceeding on an application under section 68ZE; or

(c)a proceeding on an application under section 68ZK; or

(d)a proceeding under section 68ZM.

68ZKOrders against persons found to have contravened this Act

(1)In any proceeding for an offence against, or a contravention of, this Act, the court may make any order it considers fair if the court finds that—

(a)the person against whom the proceeding is commenced has contravened a provision of this Act; and

(b)another person (the injured person) has suffered or may suffer loss or damage as a result of the contravention of this Act.

(2)Without limiting subsection (1), the orders that may be made under this section include—

(a)an order that the whole or any part of a contract between the person against whom the proceeding is commenced and the injured person which is affected by the contravention or any agreement collateral to such a contract is void on and from the time specified in the order; or

(b)an order that the contract or agreement is varied in the manner specified in the order and may specify in the order that the variation takes effect from the time specified in the order; or

(c)an order that all or any of the provisions in the contract are not to be enforced; or

(d)an order that the person against whom the proceeding is commenced—

(i)refund to the injured person money paid by that person under the contract or agreement; or

(ii)return to the injured person property transferred by the injured person under the contract or agreement; or

(e)an order that the person against whom the proceeding is commenced pay the amount of any loss or damage suffered by the injured person as a result of the breach to the injured person; or

(f)an order that the person against whom the proceeding is commenced repair or provide parts for goods provided under the contract or agreement to the injured person; or

(g)an order that the person against whom the proceeding is commenced supply services required to be supplied under the contract or agreement to the injured person; or

(h)an order declaring that the person against whom the proceeding is commenced has contravened a provision of this Act or the regulations.

(3)In a proceeding under section 68ZE, if the court or VCAT finds that—

(a)a party to the proceeding has contravened the provisions of this Act; and

(b)another person has suffered or is likely to suffer loss or damage as a result of that contravention—

the court or VCAT may make any order against the party to the proceeding that may be made under this section.

(4)The court may also make an order under this section against a person involved in a contravention of a provision of this Act.

68ZLDeclarations

(1)A person may commence a proceeding in a court seeking, in relation to a matter arising under this Act, the making of—

(a)a declaration in relation to the operation or effect of any provision of this Act; or

(b)a declaration in relation to the validity of any act or thing done, proposed to be done or purporting to have been done under this Act.

(2)The Authority may commence a proceeding in a court seeking, in relation to a matter arising under this Act, the making of a declaration of the kind that may be made under subsection (1)(a).

68ZMProceedings for damages

(1)A person who suffers loss, injury or damage because of a contravention of a provision of this Act may recover the amount of the loss or damage or damages in respect of the injury by commencing a proceeding against a person who contravened the provision or was involved in the contravention.

(2)A proceeding under this section may be commenced before VCAT or in any court of competent jurisdiction.

(3)Subject to Part IIA of the Limitation of Actions Act 1958, a proceeding under subsection (1) must not be commenced more than 6 years after the date on which the cause of action accrued.

Division 7—Offences and penalties

68ZNProceedings for offences

(1)A proceeding for any offence against this Act or the regulations may be commenced by—

(a)the Authority; or

(b)any person authorised by the Minister or the Authority.

(2)No person other than a person authorised by or under this section may commence a proceeding for an offence against this Act or the regulations.

(3)A proceeding for an offence against this Act or the regulations may be commenced within the longer of the following periods—

(a)3 years after the offence is alleged to have been committed;

(b)2 years after the alleged offence first came to the attention of the Authority.

68ZOConduct by officers, employees or agents of bodies corporate

(1)If, in a proceeding under this Act in relation to conduct that is engaged in by a body corporate and to which this Act applies, it is necessary to establish the state of mind of the body corporate, it is sufficient to show—

(a)that an officer, employee or agent of the body corporate engaged in that conduct within the scope of the actual or apparent authority of the officer, employee or agent; and

(b)that the officer, employee or agent had that state of mind.

(2)The following conduct engaged in on behalf of a body corporate is also taken, for the purposes of this Act, to have been engaged in by the body corporate—

(a)conduct by an officer, employee or agent of the body corporate within the scope of the actual or apparent authority of the officer, employee or agent;

(b)conduct by any other person—

(i)at the direction of an officer, employee or agent of the body corporate; or

(ii)with the consent or agreement (whether express or implied) of such an officer, employee or agent—

if the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, employee or agent.

(3)If, in a proceeding under this Act in relation to conduct that is engaged in by a person (the principal) other than a body corporate and to which this Act applies, it is necessary to establish the state of mind of the principal, it is sufficient to show—

(a)that an employee or agent of the principal engaged in that conduct within the scope of the actual or apparent authority of the employee or agent; and

(b)that the employee or agent had that state of mind.

(4)The following conduct engaged in on behalf of a person (the principal) other than a body corporate is also taken, for the purposes of this Act, to have been engaged in by the principal—

(a)conduct by an employee or agent of the principal within the scope of the actual or apparent authority of the employee or agent;

(b)conduct by any other person—

(i)at the direction of an employee or agent of the principal; or

(ii)with the consent or agreement (whether express or implied) of such an employee or agent—

if the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the employee or agent.

(5)A reference in this section to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person's reasons for the intention, opinion, belief or purpose.

68ZPOffence to hinder or obstruct

A person must not without reasonable excuse hinder or obstruct any person or body in carrying out any function or taking any action that the person or body is authorised or required to carry out or take under this Act or the regulations.

Penalty:60 penalty units.

68ZQOffence to give false or misleading statements or documents

(1)A person must not knowingly make any false or misleading statement or provide any false or misleading information to a person or body carrying out any function under this Act or the regulations.

Penalty:60 penalty units, in the case of a natural person;

300 penalty units, in the case of a body corporate.

(2)A person must not produce a document, to a person or body carrying out any function under this Act or the regulations, which the person knows to be false or misleading in a material particular—

(a)without indicating the respect in which it is false or misleading; and

(b)if practicable, providing correct information.

Penalty:60 penalty units, in the case of a natural person;

300 penalty units, in the case of a body corporate.

68ZRPowers of court if requirement of authorised person not complied with

(1)Subject to subsection (2), if an authorised person is satisfied that a person has failed, without reasonable excuse, to comply with a requirement under section 68B(1), 68F(4)(e) or 68P, the authorised person may apply to a court for an order directing the person to comply with the requirement.

(2)The authorised person must not make an application under subsection (1) if the person to whom the failure relates has been charged with an offence against section 68U.

(3)On an application under subsection (1), the court may—

(a)order the person to comply with the requirement within a period specified in the order; and

(b)make any other orders it considers appropriate.

(4)If a proceeding is brought under this section in relation to a failure to comply with a requirement, a person to whom the failure relates cannot be charged with an offence under section 68U in relation to that failure.

68ZSInformation sharing arrangements

(1)The Authority may enter into, or approve of, an arrangement (an information sharing arrangement) with one or more relevant agencies for the purpose of—

(a)the sharing or exchanging of information, between the Authority and a relevant agency that is a party to the arrangement, which—

(i)has been acquired by the Authority in performing its functions or acquired by the relevant agency in performing its functions; or

(ii)has been disclosed to the Authority or the relevant agency under that arrangement or another information sharing arrangement to assist in the performance of the Authority's functions or the relevant agency's functions; or

(b)the sharing or exchanging of information, between any 2 or more relevant agencies that are parties to the arrangement, which—

(i)has been acquired by any one of those relevant agencies in performing its functions; or

(ii)has been disclosed to any one of those relevant agencies under that arrangement or another information sharing arrangement to assist in the performance of its functions.

(2)Subject to subsection (3), under an information sharing arrangement, the Authority and a relevant agency are authorised by virtue of this section—

(a)to request and receive information (including personal information) held by another party to the arrangement; and

(b)to disclose information (including personal information) to another party to the arrangement.

(3)The information that may be exchanged or shared under subsection (2)—

(a)between the Authority and a relevant agency must be reasonably necessary to assist in the performance of the Authority's functions under this Act or the functions of the relevant agency; and

(b)between a relevant agency and another relevant agency must be information that—

(i)the receiving relevant agency could have requested from the Authority under paragraph (a); or

(ii)is reasonably necessary to assist in the performance of the relevant agency's functions under this Act.

(4)This section does not limit—

(a)the powers of the Authority under this Act; or

(b)the operation of any other Act under which a relevant agency is authorised or required to disclose information to another person or body; or

(c)the giving of information—

(i)to a court or tribunal in the course of legal proceedings; or

(ii)pursuant to an order of a court or tribunal; or

(iii)to the extent reasonably required to enable the investigation or the enforcement of a law of the State or of any other State or a Territory or of the Commonwealth; or

(iv)with the written authority of the Minister; or

(v)with the written authority of the person to whom the information relates.

(5)In this section—

building regulator means—

(a)a municipal council; or 

(b)an agency of the Commonwealth, Victoria or another State or a Territory or of another jurisdiction that carries out functions under an enactment in relation to building, plumbing, architectural services or engineering services that relate to any work that relates to building work;

information includes a document or a copy of a document and data;

law enforcement agency means—

(a)Victoria Police within the meaning of the Victoria Police Act 2013 or the police force of another State or a Territory or of an overseas jurisdiction; or

(b)the Australian Federal Police within the meaning of the Australian Federal Police Act 1979 of the Commonwealth; or

(c)the Australian Crime Commission established under section 7 of the Australian Crime Commission Act 2002 of the Commonwealth; or

(d)any other authority or person responsible for the investigation or prosecution of offences against the laws of the State or of the Commonwealth or of another State or a Territory or an overseas jurisdiction;

relevant agency means any of the following—

(a)a building regulator;

(b)a law enforcement agency;

(c)the Director;

(ca)the Building Monitor within the meaning of the Building Act 1993;

(d)the chief dispute resolution officer;

(e)the Architects Registration Board of Victoria within the meaning of the Architects Act 1991;

(f)the Victorian Managed Insurance Authority within the meaning of the Victorian Managed Insurance Authority Act 1996;

(g)VCAT;

(h)Cladding Safety Victoria within the meaning of the Cladding Safety Victoria Act 2020;

(i)the Victorian WorkCover Authority within the meaning of the Workplace Injury Rehabilitation and Compensation Act 2013;

(j)the Business Licensing Authority within the meaning of the Business Licensing Authority Act 1998;

(k)the Commissioner of State Revenue referred to in section 62 of the Taxation Administration Act 1997;

(l)a council within the meaning of the Local Government Act 2020;

(m)a Department Head within the meaning of the Public Administration Act 2004;

(n)any other agency of the State or of the Commonwealth or another State or a Territory or of an overseas jurisdiction;

(o)any other person or body that exercises functions in the public interest that involve protecting the interests of building owners;

(p)any other prescribed person or body.

Division 8—Service of documents

68ZTService of documents—generally

(1)Any document to be served on or given to a person under this Act or the regulations may be served on or given to the person by—

(a)delivering the document to the person; or

(b)leaving the document at the person's usual or last known place of residence or business with a person apparently not less than 16 years of age and apparently residing or employed at that place; or

(c)sending the document by post addressed to the person at the person's usual or last known place of residence or business or in any other prescribed manner.

(2)If a document is to be served on or given to the owner or occupier of any land and the name of that person is not known the document may be addressed to "the owner" or "the occupier".

(3)If a document is to be served on or given to the owner or occupier of any land, the document may be put up in a conspicuous position on the land if the name and address of the owner are not known and there is no occupier of the land.

(4)If the building owner has authorised a person to act on behalf of the owner under this Act or the regulations, any document served on or given to that person under this Act or the regulations is taken to have been served on or given to the owner.

(5)If a document to be served on or given to an owner or occupier of any land is properly served on or given to the owner or occupier of the land the document is binding on every subsequent owner or occupier of the land.

(6)A person must not, without the consent of the Authority, remove or deface an order or notice put up under subsection (3).

Penalty:500 penalty units, in the case of a natural person;

2500 penalty units, in the case of a body corporate.'.

53Section 124A repealed

Section 124A of the Domestic Building Contracts Act 1995 is repealed.

54Infringement notice

In section 125(1) of the Domestic Building Contracts Act 1995, for "An inspector appointed under the Australian Consumer Law and Fair Trading Act 2012" substitute "A VBA inspector".

Division 2—Amendment of Building Act 1993

55Appointment of inspectors

In section 204A of the Building Act 1993, after "The Authority" (where twice occurring) insert ", for the purposes of this Act or the Domestic Building Contracts Act 1995,".

PART 6—TRANSFER OF FUNCTIONS FROM DIRECTOR OF CONSUMER AFFAIRS TO VICTORIAN BUILDING AUTHORITY

56Contract information statement

(1)In section 29A(1) of the Domestic Building Contracts Act 1995, for "Director" substitute "Authority".

(2)In section 29A(2) of the Domestic Building Contracts Act 1995—

(a)for "Director" substitute "Authority";

(b)for "Authority" substitute "Director".

57General contents etc. of a contract

In section 31(1) of the Domestic Building Contracts Act 1995—

(a)in paragraph (n), for "Director" substitute "Authority";

(b)in paragraph (r), for "Director" substitute "Authority".

58Building owner may withdraw from a contract if cooling-off warning not given

In section 35(3) of the Domestic Building Contracts Act 1995—

(a)for "Director" (where twice occurring) substitute "Authority";

(b)for "him or her" substitute "the Authority".

59Who can ask VCAT to resolve a domestic building dispute?

In section 55(b) of the Domestic Building Contracts Act 1995, for "Director" substitute "Authority".

60Dispute concerning insurance claims

In section 59A(3)(b) of the Domestic Building Contracts Act 1995, for "Director" substitute "Authority".

61Section 122 amended

(1)In the heading to section 122 of the Domestic Building Contracts Act 1995, after "directions" insert "and approved forms of documents".

(2)In section 122 of the Domestic Building Contracts Act 1995, for "Director" (wherever occurring) substitute "Authority".

62Section 123 amended

(1)In the heading to section 123 of the Domestic Building Contracts Act 1995, for "Director" substitute "Authority".

(2)In section 123 of the Domestic Building Contracts Act 1995, for "The Director" substitute "The Authority".

(3)For section 123(a) of the Domestic Building Contracts Act 1995 substitute—

"(a)provide information and advice, in any manner the Authority considers appropriate, to builders and building owners concerning—

(i)the operation of this Act and the regulations; and

(ii)their rights and obligations under this Act and the regulations; and

(iii)other matters of relevance to builders and building owners in any manner the Authority considers appropriate; and".

(4)In section 123(b) of the Domestic Building Contracts Act 1995, for "contracts." substitute "contracts; and".

(5)After section 123(b) of the Domestic Building Contracts Act 1995 insert—

"(c)to receive and resolve complaints against building practitioners in accordance with the Building Act 1993; and

(d)monitor compliance with this Act and the regulations; and

(e)prepare and publish guidelines in relation to the operation and enforcement of this Act and the regulations; and

(f)investigate offences against this Act and the regulations; and

(g)commence proceedings for offences against this Act and the regulations; and

(h)defend proceedings to achieve the purposes of this Act; and

(i)to report to the Minister on any matter investigated under this Act and the Building Act 1993; and

(j)educate and inform the public on issues relating to domestic building contracts.".

63Domestic Builders Fund

(1)In section 124(1) of the Domestic Building Contracts Act 1995 , for "Director" substitute "Authority".

(2)For section 124(3)(c) of the Domestic Building Contracts Act 1995 substitute—

"(c)the costs and expenses incurred by the Authority in carrying out the Authority's functions under this Act; and".

(3)In section 124(3)(ca) and (d) of the Domestic Building Contracts Act 1995, for "Director" substitute "Authority".

(4)In section 124(4) of the Domestic Building Contracts Act 1995, for "Director" substitute "Authority".

64Infringement notice

In section 125(3) of the Domestic Building Contracts Act 1995, for "Director" substitute "Authority".

65Transitional provisions—Domestic Building Contracts Amendment Act 2025

At the end of section 139 of the Domestic Building Contracts Act 1995 insert—

"(2)On and after the commencement of Part 6 of the Domestic Building Contracts Amendment Act 2025, the Domestic Builders Fund is the Domestic Builders Fund established under section 124 before that commencement.

(3)The Director must do all things necessary to enable the Authority to operate the account referred to in section 124(1).

(4)The Director must comply with subsection (3) as soon as practicable after the commencement of Part 6 of the Domestic Building Contracts Amendment Act 2025.

(5)On and after the commencement of Part 6 of the Domestic Building Contracts Amendment Act 2025, the Authority—

(a)is substituted for the Director as a party to any pending proceeding; and

(b)has the same rights in the proceeding as the Director had.

(6)For the purposes of subsection (5), documentary or other evidence that would have been admissible for or against the interests of the Director is admissible for or against the interests of the Authority.

(7)In this section—

pending proceeding means a proceeding under this Act—

(a)that immediately before the commencement of Part 6 of the Domestic Building Contracts Amendment Act 2025 was pending or existing in any court or tribunal; and

(b)to which the Director was a party.".

66New section 140 inserted

After section 139 of the Domestic Building Contracts Act 1995 insert—

"140   Transitional regulations—Domestic Building Contracts Amendment Act 2025

(1)The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of the Domestic Building Contracts Amendment Act 2025 (including the repeals and amendments made by that Act).

(2)Regulations made under this section may—

(a)have a retrospective effect to a day on or after the day on which the Domestic Building Contracts Amendment Act 2025 receives the Royal Assent; and

(b)be of limited or general application; and

(c)leave any matter or thing to be decided by a specified person or class of person; and

(d)provide for the exemption of persons or things or classes of persons or things from any of the regulations made under this section.

(3)Regulations made under this section have effect despite anything to the contrary in any Act (other than the Domestic Building Contracts Amendment Act 2025 or the Charter of Human Rights and Responsibilities Act 2006) or in any subordinate instrument.

(4)This section is repealed on the second anniversary of the day on which it comes into operation.".

PART 7—CONFIDENTIALITY AND INFORMATION SHARING

Division 1—Amendment of Domestic Building Contracts Act 1995

67Section 52I substituted

For section 52I of the Domestic Building Contracts Act 1995 substitute—

"52I   Confidentiality

(1)This section applies to a person who is—

(a)a conciliation officer; or

(b)an assessor; or

(c)an employee of the Authority who assists the chief dispute resolution officer, a conciliation officer or an assessor to carry out a function conferred on Domestic Building Dispute Resolution Victoria under this Part.

(2)A person to whom this section applies must not disclose any information, which the person obtains in carrying out a function under this Part, to any other person.

Penalty:60 penalty units.

(3)A person to whom this section applies does not commit an offence against subsection (2) if the disclosure is made—

(a)to another person to whom this section applies for the purpose of carrying out that function; or

(b)to the Authority; or

(c)to the Building Monitor in response to a requirement to provide information or data under a notice given to the chief dispute resolution officer under section 208K of the Building Act 1993 by the Building Monitor; or

(e)for the purpose of a legal proceeding arising out of this Act or the regulations or a report of the proceeding; or

(f)with the written consent of each person to whom the information relates.

(4)A person to whom this section applies does not commit an offence against subsection (2) if—

(a)the information does not disclose the identity of a person to whom the information relates; or

(b)a person to whom the information relates cannot be reasonably identified.".

68Section 123A repealed

Section 123A of the Domestic Building Contracts Act 1995 is repealed.

Division 2—Amendment of Building Act 1993

69Section 259B amended

(1)In the heading to section 259B of the Building Act 1993, for "Director of Consumer Affairs Victoria" substitute "chief dispute resolution officer".

(2)In section 259B of the Building Act 1993, for "Director of Consumer Affairs Victoria" substitute "chief dispute resolution officer".

PART 8—OTHER AMENDMENTS

Division 1—Amendment of Australian Consumer Law and Fair Trading Act 2012

70Schedule 1—Consumer Acts

In Schedule 1 to the Australian Consumer Law and Fair Trading Act 2012 omit "Domestic Building Contracts Act 1995".

71Statute law revision amendments

(1)In section 3(1) of the Australian Consumer Law and Fair Trading Act 2012 insert the following definition—

"externally administered body corporate means a Chapter 5 body corporate as defined by section 9 of the Corporations Act;".

(2)In section 92(2)(f) of the Australian Consumer Law and Fair Trading Act 2012, for "externally- administered" substitute "externally administered".

(3)In section 92(3) of the Australian Consumer Law and Fair Trading Act 2012, the definition of externally-administered body corporate is repealed.

Division 2—Amendment of Building Act 1993

72Appointment of Commissioners to VBA Board

In section 201(3) of the Building Act 1993, for "Domestic Building Contracts Act 1995" substitute "Australian Consumer Law and Fair Trading Act 2012".

73Payments out of the Building account

(1)In section 205B(3)(b) of the Building Act 1993 omit "and the Minister administering the Domestic Building Contracts Act 1995".

(2)In section 205B(5) of the Building Act 1993 omit "and the Minister administering the Australian Consumer Law and Fair Trading Act 2012".

74Section 234DA repealed

Section 234DA of the Building Act 1993 is repealed.

75Statute law revision amendment

In section 171E(1)(c)(ii) of the Building Act 1993, for "within the meaning of" substitute "being a Chapter 5 body corporate as defined by section 9 of".

Division 3—Amendment of Building Legislation Amendment (Buyer Protections) Act 2025

76Purposes

In section 1(a)(i) of the Building Legislation Amendment (Buyer Protections) Act 2025, for "for the construction of" substitute "in relation to".

77Purposes

In section 43 of the Building Legislation Amendment (Buyer Protections) Act 2025, in proposed new section 1(ab) of the Building Act 1993, for "for the construction of" substitute "in relation to".

78Definitions and interpretation

(1)In section 44(1) of the Building Legislation Amendment (Buyer Protections) Act 2025, for the proposed definition of insurable domestic building contract in section 3(1) of the Building Act 1993 substitute—

"insurable domestic building contract means a domestic building contract (other than a domestic building contract that relates to a residential apartment building) under which the builder will receive more than $20 000 (or any higher prescribed amount) for the carrying out of domestic building work;".

(2)In section 44(1) of the Building Legislation Amendment (Buyer Protections) Act 2025 insert the following proposed definition in section 3(1) of the Building Act 1993—

"domestic building contract has the same meaning as in the Domestic Building Contracts Act 1995;".

79Objectives of Act

In section 45 of the Building Legislation Amendment (Buyer Protections) Act 2025, in proposed new section 4(1)(ab) of the Building Act 1993, for "for the construction of" substitute "in relation to".

80New Part 9A inserted

(1)In section 56 of the Building Legislation Amendment (Buyer Protections) Act 2025, in proposed new section 137H of the Building Act 1993, the proposed definition of domestic building contract is repealed.

(2)In section 56 of the Building Legislation Amendment (Buyer Protections) Act 2025, at the foot of proposed new section 137I(a) of the Building Act 1993 insert—

"Note

See also definition of domestic building work.".

(3)In section 56 of the Building Legislation Amendment (Buyer Protections) Act 2025, in proposed new section 137O(2)(b) of the Building Act 1993, after "domestic" insert "building".

81Referral of domestic building work dispute to chief dispute resolution officer

In section 73(2) of the Building Legislation Amendment (Buyer Protections) Act 2025, in proposed new section 45(1A)(a) of the Domestic Building Contracts Act 1995, for "claim before making the claim" substitute "referral before referring the dispute under subsection (1)".

PART 9—REPEAL OF THIS ACT

82Repeal of this Act

This Act is repealed on 1 December 2027.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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ENDNOTES

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 19 June 2025

Legislative Council: 14 August 2025

The long title for the Bill for this Act was "A Bill for an Act to amend the Domestic Building Contracts Act 1995, the Building Act 1993, the Australian Consumer Law and Fair Trading Act 2012 and the Building Legislation Amendment (Buyer Protections) Act 2025 and for other purposes."