Domestic Building Contracts and Tribunal (General) (Amendment) Regulations 1996 (Vic)

Domestic Building Contracts and Tribunal (General) (Amendment) Regulations 1996

S.R. No. 115/1996

TABLE OF PROVISIONS

Regulation Page

1.	Objectives	1
2.	Authorising provisions	1
3.	Principal Regulations	2
4.	Objectives amended	2
5.	Regulation 3 substituted	2

3. Definitions 2

6.	Regulation 4 amended	2
7.	New regulations 7 and 8 inserted	5

7.	Certain contracts exempt from provisions of Act	5
8.	Certain persons not required to make allowance for
delays in time estimates	5

8. New regulation 9 inserted 5

9.            Exemption for certain contracts relating to multi-storey

residential developments 5

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NOTES 7

i

STATUTORY RULES 1996

S.R. No. 115/1996

Domestic Building Contracts and Tribunal Act 1995

Domestic Building Contracts and Tribunal (General) (Amendment) Regulations 1996

The Governor in Council makes the following Regulations:
Dated: 29 October 1996

Responsible Minister:

JAN WADE

Minister for Fair Trading

A. WILTSHIRE

Acting Clerk of the Executive Council

1. Objectives

The objective of these Regulations is to amend the
Domestic Building Contracts and Tribunal

(General) Regulations 1996 to—

(a)	further prescribe certain work as building work to which the Domestic Building Contracts and Tribunal Act 1995 does not apply; and
(b)	exempt certain persons and contracts from various provisions of that Act.

2. Authorising provisions

These Regulations are made under sections 6 and
135 of the Domestic Building Contracts and
Tribunal Act 1995.

Domestic Building Contracts and Tribunal (General)
(Amendment) Regulations 1996

r. 3 S.R. No. 115/1996

3. Principal Regulations

In these Regulations, the Domestic Building
Contracts and Tribunal (General) Regulations

19961 are called the Principal Regulations.

4. Objectives amended

In regulation 1 of the Principal Regulations—

(a) in paragraph (b) after "the Act;" omit "and";

(b) after paragraph (c) insert— "(d) to exempt certain persons and contracts

from various provisions of the Act.".

5. Regulation 3 substituted

For regulation 3 of the Principal Regulations,
substitute—

"3. Definitions

In these Regulations—

"Act" means Domestic Building Contracts

and Tribunal Act 1995;

"public construction" has the same

meaning as in section 3(1) of the
Project Development and
Construction Management Act

1994.".

6. Regulation 4 amended

(1) In regulation 4 of the Principal Regulations—

(a) for "For" substitute "(1) For";

(b) after paragraph (j) insert—
"(k) erecting a chain wire fence to enclose a

tennis court;

(l) erecting a mast, pole, antenna, aerial or similar structure.".

Domestic Building Contracts and Tribunal (General)
(Amendment) Regulations 1996

S.R. No. 115/1996 r. 6

(2) At the end of regulation 4 of the Principal

Regulations insert—

"(2) For the purposes of section 6(a) of the Act,

the Act does not apply to building work
carried out in relation to any of the

following—

(a)	the official residence of the Governor of Victoria;
(b)	premises that are used or intended to be used at a school, university or other educational or training institution as accommodation for students or staff;
(c)	premises that are used or intended to be used as—

(i) a community service established under section 57 of the Children and Young Persons Act 1989;

(ii) a community service approved
under section 58 of that Act and
that are situated on Crown land or
land in relation to which the
Secretary to the Department of
Human Services or the Director of
Housing is registered as
proprietor;

(iii)  a remand centre within the meaning of that Act;

(iv)  a secure welfare service within the meaning of that Act;

(v)  a youth residential centre within the meaning of that Act; or

(vi)  a youth training centre within the meaning of that Act;

Domestic Building Contracts and Tribunal (General)
(Amendment) Regulations 1996

r. 6 S.R. No. 115/1996

(d) premises that are used or intended to be used as—

(i) a prison established under section 10 of the Corrections Act 1986; or

(ii)  a community corrections centre established under Part 9 of that Act;

(e) premises that are used or intended to be used as—

(i)

a health service establishment Services Act 1988; or

(ii)  a hostel within the meaning of that Act;

(f) premises that are used or intended to be used as—

(i) meaning of the Intellectually

a residential institution within the 1986; or

(ii) a residential program within the

meaning of that Act;

(g) premises that are used or intended to be used to provide accommodation within the Parliamentary Reserve within the

meaning of section 46(2) of the

Parliamentary Committees Act 1968;

(h) movable units within the meaning of

the Housing Act 1983 that are
constructed for Kids Under Cover Inc.
that are used or intended to be used to
provide accommodation on a non-profit
basis.

Domestic Building Contracts and Tribunal (General)
(Amendment) Regulations 1996

S.R. No. 115/1996 r. 7

7. New regulations 7 and 8 inserted

After regulation 6 of the Principal Regulations
insert—

"7. Certain contracts exempt from provisions of

Act

(1) Section 15 of the Act does not apply to a

domestic building contract for public
construction.

(2) Sections 31(1)(b), (c), (d), (i) and (n), 31(2),

33, 34 and 35 of the Act do not apply to a
major domestic building contract for public
construction.

8.  Certain persons not required to make allowance for delays in time estimates

Section 32 of the Act does not apply to a person performing work under a major domestic building contract for public construction.".

8. New regulation 9 inserted

After regulation 8 of the Principal Regulations
insert—

"9. Exemption for certain contracts relating to

multi-storey residential developments

(1) The provisions of the Act set out in sub-

regulation (2) do not apply—

(a)	to a major domestic building contract; or
(b)	a builder in relation to a major domestic building contract or a proposed major domestic building contract—

if the contract or proposed contract is also a contract for the sale of a home that is part of

Domestic Building Contracts and Tribunal (General)
(Amendment) Regulations 1996

r. 8 S.R. No. 115/1996

a multi-storey residential development to
which this regulation relates.

(2) The provisions of the Act referred to in sub- regulation (1) are—

(a) Part 2, except Division 1; and

(b) Part 3, except section 29.

(3) This regulation applies to a multi-storey

residential development that is being
constructed, or is to be constructed, by a
builder registered under the Building Act
1993 under a construction contract entered
into before 1 May 1996 which provides for

the completion of the development.

(4) In this regulation—

"multi-storey residential development"

means a development consisting of 2 or
more homes in which one or more of
the homes is above or below any other

home in the development.".

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Domestic Building Contracts and Tribunal (General)
(Amendment) Regulations 1996

S.R. No. 115/1996 Notes

NOTES

1 S.R. No. 32/1996.