Domestic Building Contracts and Tribunal (General) (Amendment) Regulations 1999 (Vic)

Domestic Building Contracts and Tribunal (General) (Amendment) Regulations 1999

S.R. No. 126/1999

TABLE OF PROVISIONS

Regulation Page

1.	Objective	1
2.	Authorising provisions	1
3.	Additional type of cost plus contract allowed	1

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NOTES 4

i

STATUTORY RULES 1999

S.R. No. 126/1999

Domestic Building Contracts Act 1995

Domestic Building Contracts and Tribunal (General) (Amendment) Regulations 1999

The Governor in Council makes the following Regulations:
Dated: 30 November 1999

Responsible Minister:

MARSHA THOMSON

Minister for Consumer Affairs

HELEN DOYE

Clerk of the Executive Council

1. Objective

The objective of these Regulations is to amend the
Domestic Building Contracts and Tribunal
(General) Regulations 1996 to widen the category

of allowable cost plus contracts.

2. Authorising provisions

These Regulations are made under sections 13(1)(a) and 135 of the Domestic Building Contracts Act 1995.

3. Additional type of cost plus contract allowed

After regulation 5(b) of the Domestic Building Contracts and Tribunal (General) Regulations 19961 insert—

Domestic Building Contracts and Tribunal (General)
(Amendment) Regulations 1999

r. 3	S.	R. No. 126/1999
"; and

(c) domestic building contracts described
in sub-regulation (2).

(2) A domestic building contract that meets the

following criteria is also allowed as a cost

plus contract—

(a)

it is entered into on or after 2000; and

(b) some or all of the domestic building work to be carried out under it might be carried out on or after 1 July 2000; and

(c) it contains—

(i) the Director under section
15(2)(b) of the Act and published
in the Government Gazette on
8 November 1999 that has next to
it the signature, seal or initials of
the building owner, and, before
the contract was entered into, the
builder gave the building owner a
notice in the form approved by the
Director under section 15(3)(a) of
the Act and published in the

a clause in the form approved by 8 November 1999; or

(ii)  a provision enabling the builder to be paid any goods and services tax imposed by any law of the

Commonwealth in respect of any
domestic building work carried
out under the contract on or after
1 July 2000 that is payable by the
builder to the Commonwealth, and

Domestic Building Contracts and Tribunal (General)
(Amendment) Regulations 1999

S.R. No. 126/1999 r. 3

a warning in the form approved by
the Director under section
33(2)(b) of the Act and published
in the Government Gazette on
8 November 1999 is placed next
to the contract price and specifies
the provisions of the contract that

allow for the change; or

(iii) paragraph (i) and the things
described in sub-paragraph (ii)
and before the contract was
entered into, the builder gave the
building owner a notice approved
by the Director under section
15(3)(a) of the Act and published

both the things described in sub- 8 November 1999; and

(d) it does not contain any other provision that makes it a cost plus contract.".

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Domestic Building Contracts and Tribunal (General)
(Amendment) Regulations 1999

Notes S.R. No. 126/1999

NOTES

1 Reg. 3: S.R. No. 32/1996.