Domestic Building Contracts Amendment Regulations 2021 (Vic)

Domestic Building Contracts Amendment Regulations 2021

S.R. No. 63/2021

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Certain persons exempt from provisions in the Act

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Endnotes

STATUTORY RULES 2021

S.R. No. 63/2021

Domestic Building Contracts Act 1995

Domestic Building Contracts Amendment Regulations 2021

The Governor in Council makes the following Regulations:

Dated: 29 June 2021

Responsible Minister:

MELISSA HORNE
Minister for Consumer Affairs, Gaming and Liquor Regulation

SAMUAL WALLACE

Acting Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Domestic Building Contracts Regulations 2017 to exempt certain builders from certain requirements of section 29 of the Domestic Building Contracts Act 1995 in specified circumstances.

2Authorising provision

These Regulations are made under section 135 of the Domestic Building Contracts Act 1995.

3Commencement

These Regulations come into operation on 1 July 2021.

4Principal Regulations

In these Regulations, the Domestic Building Contracts Regulations 2017[1] are called the Principal Regulations.

5Certain persons exempt from provisions in the Act

At the end of regulation 12 of the Principal Regulations insert—

"(2)A relevant building practitioner is exempt from section 29(1)(b) and (2)(c) of the Act during the transition period.

(3)In this regulation—

management condition means a condition imposed by the Authority under section 171H(1)(a) of the Building Act 1993 on the registration of a building practitioner in the category of builder, class of domestic builder (unlimited), that limits the practitioner's authorised scope of work to managing and arranging the carrying out of domestic building work;

relevant building practitioner means a person registered under Part 11 of the Building Act 1993 in the category of builder, class of—

(a)domestic builder (manager); or

(b)domestic builder (unlimited) subject to a management condition;

transition period means the period beginning on 1 July 2021 and ending on 30 September 2021.".

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ENDNOTES

[1] Reg. 4: S.R. No. 18/2017.