Home Building Act 1989 (NSW)

Case
No judgment structure available for this case.

Does not include amendments by—

Fair Trading Legislation Amendment (Reform) Act 2018 No 65 (amended by Statute Law (Miscellaneous Provisions) Act (No 2) 2019 No 14, Better Regulation and Customer Service Legislation Amendment (Bushfire Relief) Act 2020 No 3 and COVID-19 Legislation Amendment (Emergency Measures—Miscellaneous) Act 2020 No 5), Sch 4.1 (not commenced)

Licensing and Registration (Uniform Procedures) Amendment Act 2022 No 2 (not commenced)

Building Legislation Amendment Act 2023 No 44, Sch 2.3 (not commenced)

whole Act (except in the hdg to div 1 of pt 3, s 20 (1) (a), the heading to sec 42 and in sch 4): Am 2001 No 51, Sch 3 [4] (“licence”, “Licence” or “licences” omitted wherever occurring, “contractor licence”, “Contractor licence” or “contractor licences” inserted instead, respectively).

whole Act: Am 2002 No 28, Sch 4.6 [1] (“endorsed licence”, “a permit”, “registration certificate” and “registration certificates” omitted wherever occurring, “endorsed contractor licence”, “an owner-builder permit”, “tradesperson certificate” and “tradesperson certificates” inserted instead, respectively).

whole Act: Am 2002 No 28, Sch 4.29 [1] (“electrical work” omitted wherever occurring, “electrical wiring work” inserted instead).

whole Act (except sch 4): Am 2014 No 24, Sch 1 [129] (“Director-General” and “Director-General’s” omitted wherever occurring, “Chief Executive” and “Chief Executive’s” inserted instead, respectively); 2015 No 19, Sch 13 [1] (“Chief Executive” and “Chief Executive’s” omitted wherever occurring, “Secretary” and “Secretary’s” inserted instead, respectively).

An Act to make provision concerning the residential building industry and certain specialist work; and for other purposes.

long title: Am 1996 No 122, Sch 5 [1].

Part 1Preliminary1Name of Act

This Act is the Home Building Act 1989.

s 1: Subst 1996 No 122, Sch 5 [2].

2Commencement

This Act commences on a day or days to be appointed by proclamation.

3Interpretation

Schedule 1 provides for the interpretation of expressions used in this Act.

s 3: Am 1990 No 33, Sch 1 (1); 1994 No 54, Schs 1 (1), 5 (1); 1995 No 11, Sch 1.10 [1]; 1995 No 36, Sch 6; 1996 No 122, Schs 1 [1], 3 [1], 5 [3]–[8]; 1997 No 82, Sch 3 [1]; 1997 No 119, Sch 2.9; 1998 No 120, Sch 1.22 [1]; 1998 No 161, Sch 4.6 [1]; 1999 No 26, Sch 1 [1]; 2001 No 51, Schs 1 [1] [2], 2 [1], 3 [1]–[3]; 2001 No 82, Sch 7.10 [1]; 2001 No 112, Sch 1.15 [1]; 2002 No 28, Schs 4.6 [2], 4.29 [2]; 2002 No 134, Sch 2.1 [1]; 2004 No 4, Sch 4.9 [1]; 2004 No 55, Sch 2.17 [1]–[3]; 2004 No 101, Schs 2 [1] [2], 5 [1], 6 [1]; 2007 No 27, Sch 1.21 [1]; 2009 No 61, Sch 2 [1]–[5]; 2010 No 30, Sch 2 [1]; 2010 No 53, Sch 1 [1]; 2011 No 52, Sch 1 [1]; 2011 No 59, Sch 2.1 [1]; 2013 No 19, Sch 4.28; 2013 No 95, Sch 4.20 [1]. Subst 2014 No 24, Sch 1 [1].

3AA

(Repealed)

s 3AA: Ins 2004 No 101, Sch 2 [3]. Am 2008 No 23, Sch 3.26 [1] [2]; 2009 No 61, Sch 2 [6]; 2010 No 19, Sch 3.46 [1] [2]. Rep 2014 No 24, Sch 1 [2].

3AApplication of provisions to developers(1)

For the purposes of this Act, an individual, a partnership or a corporation on whose behalf residential building work is done in the circumstances set out in subsection (2) is a developer in relation to that residential building work.

(1A)

Residential building work done on land in the circumstances set out in subsection (2) is, for the purpose of determining who is a developer in relation to the work, deemed to have been done on behalf of the owner of the land (in addition to any person on whose behalf the work was actually done).

Note—

This makes the owner of the land a developer even if the work is actually done on behalf of another person (for example, on behalf of a party to a joint venture agreement with the owner for the development of the land). The other person on whose behalf the work is actually done is also a developer in relation to the work.

(2)

The circumstances are—

  • (a)

    the residential building work is done in connection with an existing or proposed dwelling in a building or residential development where 4 or more of the existing or proposed dwellings are or will be owned by the individual, partnership or corporation, or

  • (b)

    the residential building work is done in connection with an existing or proposed retirement village or accommodation specially designed for the disabled where all of the residential units are or will be owned by the individual, partnership or corporation.

(3)

A company that owns a building under a company title scheme is not a developer for the purposes of this Act.

s 3A: Ins 1996 No 122, Sch 1 [2]. Am 2011 No 52, Sch 1 [2] [3].

3BDate of completion of residential building work(1A)

This section does not apply to residential building work to which section 3C applies.

Note—

Section 3C provides for the date of completion of new buildings in strata schemes.

(1)

The completion of residential building work occurs on the date that the work is complete within the meaning of the contract under which the work was done.

(2)

If the contract does not provide for when work is complete (or there is no contract), the completion of residential building work occurs on practical completion of the work, which is when the work is completed except for any omissions or defects that do not prevent the work from being reasonably capable of being used for its intended purpose.

(3)

It is to be presumed (unless an earlier date for practical completion can be established) that practical completion of residential building work occurred on the earliest of whichever of the following dates can be established for the work—

  • (a)

    the date on which the contractor handed over possession of the work to the owner,

  • (b)

    the date on which the contractor last attended the site to carry out work (other than work to remedy any defect that does not affect practical completion),

  • (c)

    the date of issue of an occupation certificate under the Environmental Planning and Assessment Act 1979 that authorises commencement of the use or occupation of the work,

  • (d)

    (in the case of owner-builder work) the date that is 18 months after the issue of the owner-builder permit for the work.

(4)

If residential building work comprises the construction of 2 or more buildings each of which is reasonably capable of being used and occupied separately, practical completion of the individual buildings can occur at different times (so that practical completion of any one building does not require practical completion of all the buildings).

(5)

This section applies for the purposes of determining when completion of residential building work occurs for the purposes of any provision of this Act, the regulations or a contract of insurance under Part 6.

s 3B: Ins 2011 No 52, Sch 1 [4]. Am 2014 No 24, Sch 1 [3] [4]; 2017 No 28, Sch 1 [1].

3CDate of completion of new buildings in strata schemes(1)

This section applies to residential building work comprising the construction of a new building in a strata scheme (within the meaning of the Strata Schemes Management Act 2015) where the issue of an occupation certificate is required to authorise commencement of the use or occupation of the building.

Note—

Section 3B provides for the date of completion of other residential building work.

(2)

The completion of residential building work to which this section applies occurs on—

  • (a)

    the date of issue of an occupation certificate that authorises the occupation and use of the whole of the building, unless paragraph (b) applies, or

  • (b)

    the occurrence of some other event that is prescribed by the regulations as constituting completion of the work.

(3)

If a contract to do residential building work (the primary contract) comprises the construction of 2 or more separate buildings, the date of completion of that work is to be determined as if there were a separate contract for each separate building (with each contract on the same terms as the primary contract) so that the work for each building will have a separate completion date. For the purposes of this section, a building is separate if it is reasonably capable of being used and occupied separately from any other building.

Note—

Separate buildings can still have the same completion date if they are completed at the same time.

(4)

This section applies for the purpose of determining when completion of residential building work occurs for the purposes of any provision of this Act, the regulations or a contract of insurance under Part 6.

(5)

In this section—

building means any structure that, as a new building, requires the issue of an occupation certificate to authorise its use and occupation.

occupation certificate means an occupation certificate under the Environmental Planning and Assessment Act 1979.

Note—

A swimming pool, tennis court or detached garage can be a building for the purposes of this section if an occupation certificate is required to authorise its use and occupation. If a structure in a strata scheme does not require an occupation certificate, section 3B will apply to it instead of section 3C.

s 3C: Ins 2014 No 24, Sch 1 [5]. Am 2015 No 50, Sch 4.12 [1]; 2017 No 28, Sch 1 [2].

3DApplication of provisions to specialist work

In its application to specialist work, this Act is not limited to specialist work that is residential building work and extends to specialist work that is not residential building work (for example, commercial and industrial specialist work).

s 3D: Ins 2014 No 24, Sch 1 [6].

Part 2Regulation of residential building work and specialist workDivision 1Contracting for work4Unlicensed contracting(1)

A person must not contract to do—

  • (a)

    any residential building work, or

  • (b)

    any specialist work,

except as or on behalf of an individual, partnership or corporation that is the holder of a contractor licence authorising its holder to contract to do that work.

Maximum penalty—1,000 penalty units in the case of a corporation and 200 penalty units in any other case.

(2)

The holder of a contractor licence who has contracted to do any residential building work must not contract with another person for the other person to do the work (or any part of the work) for the holder unless the other person is the holder of a contractor licence to do work of that kind.

Maximum penalty—1,000 penalty units in the case of a corporation and 200 penalty units in any other case.

(3)

The holder of a contractor licence must not contract with another person for the other person to do any work (or part of any work) for the holder for which insurance is required under this Act unless the other person is the holder of a contractor licence to do work of that kind.

Maximum penalty—1,000 penalty units in the case of a corporation and 200 penalty units in any other case.

(4)

A developer in relation to residential building work must not contract with another person for the other person to do that residential building work on behalf of the developer unless the other person is the holder of a contractor licence authorising the other person to do work of that kind.

Maximum penalty—1,000 penalty units in the case of a corporation and 200 penalty units in any other case.

(5)

A person is not guilty of an offence against subsection (2), (3) or (4) if the person establishes that the person did all that could reasonably be required to prevent the contravention of the subsection.

(6)

An individual who is convicted of a second or subsequent offence under a provision of this section is liable to a penalty not exceeding 500 penalty units or imprisonment for a term not exceeding 12 months, or both.

s 4: Am 2001 No 51, Sch 8 [1]; 2004 No 101, Sch 4 [1] [2]; 2011 No 52, Sch 1 [5]; 2014 No 24, Sch 1 [7].

5Seeking work by or for unlicensed person(1)

An individual, a member of a partnership, an officer of a corporation or a corporation must not represent that the individual, partnership or corporation is prepared to do—

  • (a)

    any residential building work, or

  • (b)

    any specialist work,

if the individual, partnership or corporation is not the holder of a contractor licence authorising its holder to contract to do that work.

(2)

A person must not represent that an individual, partnership or corporation is prepared to do—

  • (a)

    any residential building work, or

  • (b)

    any specialist work,

if the person knows that the individual, partnership or corporation is not the holder of a contractor licence authorising its holder to contract to do that work.

(3)

An individual who is convicted of a second or subsequent offence under this section is liable to a penalty not exceeding 500 penalty units or imprisonment for a term not exceeding 12 months, or both.

Maximum penalty—1,000 penalty units in the case of a corporation and 200 penalty units in any other case.

s 5: Am 2001 No 51, Sch 8 [2]; 2004 No 101, Sch 4 [1]; 2014 No 24, Sch 1 [8].

6Application of requirements for contracts(1)

Sections 7–7E apply to a contract under which the holder of a contractor licence undertakes—

  • (a)

    to do, in person, or by others, any residential building work or any specialist work, or

  • (b)

    to vary any such undertaking to do residential building work or any specialist work or the way in which any such work is to be done.

(2)

However, sections 7, 7AAA, 7AA, 7B and 7BA do not apply to a contract to do residential building work or specialist work in such circumstances that—

  • (a)

    if the work were not to be done promptly, there is likely to be a hazard to the health or safety of any person or to the public or to be damage to property, and

  • (b)

    the work could not be done promptly if the requirements of sections 7, 7AAA, 7AA, 7B and 7BA were to be complied with before commencing the work.

(3)

Section 7(2)(f) and (5) do not apply to a contract referred to in subsection (1)(b).

s 6: Subst 1996 No 122, Sch 1 [3]. Am 2001 No 51, Sch 2 [2]; 2011 No 52, Sch 1 [6]; 2014 No 24, Sch 1 [9].

7Form of contracts (other than small jobs)Note—

Section 7AAA applies to contracts for small jobs.

(1A)

This section applies to a contract only if the contract price exceeds the prescribed amount or (if the contract price is not known) the reasonable market cost of the labour and materials involved exceeds the prescribed amount. The prescribed amount is the amount prescribed by the regulations for the purposes of this section and is inclusive of GST.

(1)

A contract must be in writing and be dated and signed by or on behalf of each of the parties to it.

(2)

A contract must contain—

  • (a)

    the names of the parties, including the name of the holder of the contractor licence shown on the contractor licence, and

  • (b)

    the number of the contractor licence, and

  • (c)

    a sufficient description of the work to which the contract relates, and

  • (d)

    any plans and specifications for the work, and

  • (e)

    the contract price if known, and

  • (f)

    any statutory warranties applicable to the work, and

  • (f1)

    the cost of cover under Part 6 or 6B (if insurance is required under Part 6), and

  • (g)

    in the case of a contract to do residential building work—a conspicuous statement setting out the cooling-off period that applies to the contract because of section 7BA, and

  • (h)

    in the case of a contract to do residential building work (other than a construction contract to which the Building and Construction Industry Security of Payment Act 1999 applies)—details of any progress payments payable under the contract, and

  • (i)

    in the case of a contract to do residential building work—a statement that the contract may be terminated in the circumstances provided by the general law and that this does not prevent the parties agreeing to additional circumstances in which the contract may be terminated, and

  • (j)

    any other matter prescribed by the regulations for inclusion in the contract.

(3)

The contract must comply with any requirements of the regulations.

(4)

If the contract price is known, it must be stated in a prominent position on the first page of the contract.

(5)

If the contract price is not known or may be varied under the contract, the contract must contain a warning to that effect and an explanation of the effect of the provision allowing variation of the price. The warning and explanation must be placed next to the price if the price is known.

(6)

A contract must not include in the contract the name of any person other than the holder of a contractor licence as, or so it may reasonably be mistaken to be, the holder’s name.

(7)

This section does not prevent the holder of a contractor licence with a business name registered under the Business Names Registration Act 2011 of the Commonwealth from also referring in such a contract to the business name.

(8)

This section does not apply to—

  • (a)

    a contract that is made between parties who each hold a contractor licence and is for work that each party’s contractor licence authorises the party to contract to do, or

  • (b)

    a contract to do specialist work that is not also residential building work.

Note—

The exception in paragraph (a) applies to a subcontracting arrangement between licensees, and to a contract between licensees for work to be done on premises that one of the licensees owns.

s 7: Subst 1996 No 122, Sch 1 [3]. Am 2001 No 51, Sch 2 [3]; 2002 No 97, Sch 1.4 [1]; 2011 No 44, Sch 3.7 [1]; 2011 No 52, Sch 1 [7]; 2014 No 24, Sch 1 [10]–[12]; 2017 No 28, Sch 1 [3].

7AAAForm of contracts (small jobs)(1)

This section applies to a contract only if the contract is not one to which section 7 applies and the contract price exceeds the prescribed amount or (if the contract price is not known) the reasonable market cost of the labour and materials involved exceeds the prescribed amount. The prescribed amount is the amount prescribed by the regulations for the purposes of this section and is inclusive of GST.

(2)

A contract must be in writing and be dated and signed by or on behalf of each of the parties to it.

(3)

A contract must contain—

  • (a)

    the names of the parties, including the name of the holder of the contractor licence shown on the contractor licence, and

  • (b)

    the number of the contractor licence, and

  • (c)

    a description of the work to which the contract relates, and

  • (d)

    any plans and specifications for the work, and

  • (e)

    the contract price if known.

(4)

The contract must comply with any requirements prescribed by the regulations for the purposes of a contract to which this section applies.

(5)

This section does not apply to—

  • (a)

    a contract that is made between parties who each hold a contractor licence and is for work that each party’s contractor licence authorises the party to contract to do, or

  • (b)

    a contract to do specialist work that is not also residential building work.

Note—

The exception in paragraph (a) applies to a subcontracting arrangement between licensees, and to a contract between licensees for work to be done on premises that one of the licensees owns.

s 7AAA: Ins 2011 No 52, Sch 1 [8]. Am 2014 No 24, Sch 1 [13].

7AAConsumer information(1A)

This section applies to a contract to which section 7 or 7AAA applies, but does not apply to any of the following contracts—

  • (a)

    a contract to do residential building work entered into between the holder of a contractor licence and a developer in relation to the work,

  • (b)

    a contract of a class prescribed by the regulations.

(1)

A holder of a contractor licence must, before entering into a contract that the holder is authorised by this Act to enter, give to the other party to the contract information, in a form approved by the Secretary, that explains the operation of this Act and the procedure for the resolution of disputes under the contract and for the resolution of disputes relating to insurance.

Maximum penalty—40 penalty units in the case of a corporation and 20 penalty units in any other case.

(2)

(Repealed)

s 7AA: Ins 2001 No 51, Sch 2 [4]. Am 2004 No 101, Sch 4 [3]; 2011 No 52, Sch 1 [9]; 2014 No 24, Sch 1 [14] [15]; 2018 No 25, Sch 1.15.

7AOffence

A person must not contract to do work under a contract unless the requirements of sections 7, 7AAA and 7E in relation to the contract are complied with.

Maximum penalty—80 penalty units in the case of a corporation and 40 penalty units in any other case.

s 7A: Ins 1996 No 122, Sch 1 [3]. Am 2001 No 51, Sch 8 [3]; 2004 No 101, Sch 4 [4]; 2011 No 52, Sch 1 [10]; 2014 No 24, Sch 1 [16].

7BCopy of contract

A holder of a contractor licence must, not later than 5 clear business days after entering into a contract, give the other party to the contract a signed copy of the contract in the form in which it was made.

Maximum penalty—80 penalty units in the case of a corporation and 40 penalty units in any other case.

s 7B: Ins 1996 No 122, Sch 1 [3]. Am 2001 No 51, Sch 8 [4]; 2004 No 101, Sch 4 [4].

7BACooling-off period: person may rescind a contract for residential building work within 5 days without penalty(1A)

This section applies to a contract only if the contract price exceeds the prescribed amount or (if the contract price is not known) the reasonable market cost of the labour and materials involved exceeds the prescribed amount. The prescribed amount is the amount prescribed by the regulations for the purposes of this section and is inclusive of GST.

(1)

A person who contracts with the holder of a contractor licence for residential building work to be done by the holder of the contractor licence may, by notice in writing, rescind the contract—

  • (a)

    in the case of a person who has been given a copy of the signed contract—at any time before the expiration of 5 clear business days after the person is given a copy of the contract, or

  • (b)

    in the case of a person who has not been given a copy of the signed contract within 5 days after the contract has been signed—at any time before the expiration of 5 clear business days after the person becomes aware that he or she is entitled to be given a copy of the signed contract.

(2)

The notice must state that the person rescinds the contract and must be given—

  • (a)

    to the holder of the contractor licence personally, or

  • (b)

    by leaving it at the address shown in the contract as the address of the holder of the contractor licence, or

  • (c)

    by serving it on the holder of the contractor licence in accordance with any notice or service provision in the contract.

(3)

If a notice is given in accordance with this section—

  • (a)

    the contract is taken to be rescinded from the time it was signed, but subject to the rights and obligations conferred by this section, and

  • (b)

    the holder of the contractor licence may retain out of any money already paid to the holder the amount of any reasonable out-of-pocket expenses the holder incurred before the rescission, and

  • (c)

    the holder of the contractor licence must refund all other money paid to the holder under the contract by (or on behalf of) the party who rescinded the contract at or since the time the contract was made, and

  • (d)

    the party who rescinded the contract is not liable to the holder of the contractor licence in any way for rescinding the contract.

(4)

The cooling-off period may be shortened or avoided by a provision in the contract, but the provision does not take effect unless and until the other party to the contract gives the holder of the contractor licence (or the holder’s Australian legal practitioner) a certificate that complies with subsection (5).

(5)

A certificate complies with this subsection if it—

  • (a)

    is in writing, and

  • (b)

    is signed by an Australian legal practitioner, other than—

    • (i)

      an Australian legal practitioner acting for the holder of the contractor licence, or

    • (ii)

      any other Australian legal practitioner employed in the legal practice of an Australian legal practitioner acting for the holder of the contractor licence, or

    • (iii)

      any other Australian legal practitioner who is a member or employee of a firm in which an Australian legal practitioner acting for the holder of the contractor licence is a member or employee, and

  • (c)

    indicates the purpose for which the certificate is given, and

  • (d)

    contains a statement to the effect that the Australian legal practitioner explained to the other party to the contract the effect of the contract, the nature of the certificate and the effect of giving the certificate to the holder of the contractor licence.

(6)

A contract can be rescinded under this section even if work has been done under the contract at the time of rescission.

(7)

If a contract is rescinded under this section, the holder of the contractor licence is entitled to a reasonable price for the work carried out under the contract to the date the contract is rescinded.

(8)

This section does not apply to any of the following contracts—

  • (a)

    a contract that is made between parties who each hold a contractor licence and is for work that each party’s contractor licence authorises the party to contract to do,

    Note—

    The exception in paragraph (a) applies to a subcontracting arrangement between licensees, and to a contract between licensees for work to be done on premises that one of the licensees owns.

  • (b)

    a contract entered into between the holder of a contractor licence and a developer in relation to the work,

  • (c)

    a contract that is supplied and fully prepared by or on behalf of the person who contracts with the holder of the contractor licence and no part of which is supplied or prepared by or on behalf of the holder of the contractor licence,

    Note—

    The exception in paragraph (c) does not apply to a contract supplied and prepared by the person who contracts with the holder of a contractor licence if any terms or conditions are added to the contract by the holder of the contractor licence or his or her representative.

  • (d)

    a contract of a class prescribed by the regulations.

s 7BA: Ins 2001 No 51, Sch 2 [5]. Am 2006 No 120, Sch 3.11 [1]–[3]; 2011 No 52, Sch 1 [11]; 2014 No 24, Sch 1 [17].

7BBPerson may rescind a residential building work contract if cooling-off warning not given(1)

This section applies to a contract for residential building work to which section 7BA applies.

(2)

If a contract does not contain a statement relating to the cooling-off period and a person’s rights under section 7BA (as required by section 7(2)(g)), a person (other than the holder of a contractor licence) may, by notice in writing, rescind the contract within 7 days of becoming aware that the contract should have contained such a notice.

(3)

The notice must state that the person rescinds the contract and must be given—

  • (a)

    to the holder of the contractor licence personally, or

  • (b)

    by leaving it at the address shown in the contract as the address of the holder of the contractor licence, or

  • (c)

    by serving it on the holder of the contractor licence in accordance with any notice or service provision in the contract.

(4)

The notice must be given in the form approved by the Secretary, if any.

(5)

If a notice is given in accordance with this section the contract is taken to be rescinded from the time it was signed, but subject to the rights and obligations conferred by this section.

(6)

A contract can be rescinded under this section even if work has been done under the contract at the time of rescission.

(7)

If a contract is rescinded under this section, the holder of the contractor licence is entitled to a reasonable price for the work carried out under the contract to the date the contract is rescinded.

(8)

However, a holder of a contractor licence may not recover under subsection (7) more than the holder would have been entitled to recover under the contract.

s 7BB: Ins 2001 No 51, Sch 2 [5]. Am 2018 No 65, Sch 8.4[1].

7CArbitration clause prohibited

A provision in a contract or other agreement that requires a dispute under the contract to be referred to arbitration is void.

s 7C: Ins 1996 No 122, Sch 1 [3].

7DInterests in land under contract(1)

A contract does not give the holder of a contractor licence or any other person a legal or equitable estate or interest in any land, and a provision in a contract or other agreement is void to the extent that it purports to create such an estate or interest.

(2)

Accordingly, the holder of a contractor licence or any other person may not lodge a caveat under the Real Property Act 1900 in respect of an estate or interest prohibited by subsection (1).

(3)

However, subsection (1) does not apply to a provision in a contract that creates a charge over land if—

  • (a)

    the land the subject of the charge is land on which the contract work is, or is to be, carried out, and

  • (b)

    the charge is in favour of the holder of a contractor licence who is a party to the contract, and

  • (c)

    the charge is created to secure the payment to the holder of the contractor licence by another party to the contract of money due under the contract, but only if a court or tribunal has made an order or judgment that such payment be made, and

  • (d)

    in the case of a charge over land under the Real Property Act 1900—the party to the contract against whom the judgment or order is made is the registered proprietor of the land.

(4)

A charge referred to in subsection (3) over land under the Real Property Act 1900 ceases to operate if the party to the contract against whom the judgment or order is made ceases to be the registered proprietor of the land so charged.

s 7D: Ins 1996 No 122, Sch 1 [3]. Subst 1998 No 56, Sch 1 [1].

7ETerms of contracts(1)

A contract must include (and is taken to include) each of the terms set out in Part 1 of Schedule 2. A contract that contains a term that is inconsistent with a term set out in Part 1 of Schedule 2 is unenforceable to the extent of the inconsistency.

(2)

The regulations may make provision for or with respect to—

  • (a)

    terms or other matter that must be included in a contract or a class of contracts, or

  • (b)

    terms or other matter that must not be included in a contract or a class of contracts.

(3)

If the regulations require a contract or class of contracts to contain a specified term (a prescribed term), a contract of the kind concerned is taken to include the term. A contract that contains a term that is inconsistent with a prescribed term is unenforceable to the extent of the inconsistency.

(4)

If the regulations provide that any term or other matter must not be included in a contract or a class of contracts, any contract that contains that term or other matter is unenforceable to the extent that it includes or applies to that term or other matter.

(5)

Any regulation made under this section does not apply to a contract in force at the time that the regulation commences.

(6)

This section does not limit section 7(3).

s 7E: Ins 2001 No 51, Sch 2 [6]. Subst 2014 No 24, Sch 1 [18].

8Maximum deposit for residential building work(1)

The maximum amount of a deposit for residential building work is 10% of the contract price. A deposit for residential building work is a payment on account before work is commenced under a contract to do residential building work.

(2)

A person must not—

  • (a)

    demand or receive payment of a deposit for residential building work if the amount of the payment exceeds the maximum imposed by this section, or

  • (b)

    enter into a contract under which the person is entitled to demand or receive payment of a deposit for residential building work if the amount of the payment exceeds the maximum imposed by this section.

Maximum penalty—1,000 penalty units in the case of a corporation and 200 penalty units in any other case.

(3)

The regulations may make provision concerning how a contract price is to be determined for the purposes of this section.

(4)

This section does not apply to residential building work done under—

  • (a)

    a contract that is made between parties who each hold a contractor licence and is for work that each party’s contractor licence authorises the party to contract to do, or

  • (b)

    a contract to do specialist work that is not also residential building work.

Note—

The exception in paragraph (a) applies to a subcontracting arrangement between licensees, and to a contract between licensees for work to be done on premises that one of the licensees owns.

s 8: Subst 1990 No 33, Sch 1 (2). Am 2001 No 51, Sch 8 [5]; 2004 No 101, Sch 4 [1]. Subst 2014 No 24, Sch 1 [19].

8AMaximum progress payments (other than small jobs)(1)

This section applies to a contract to do residential building work when the contract price exceeds the prescribed amount or (if the contract price is not known) the reasonable market cost of the labour and materials involved exceeds the prescribed amount. The prescribed amount is the amount prescribed by the regulations for the purposes of this section and is inclusive of GST.

(2)

A progress payment for residential building work under a contract to which this section applies is authorised only if it is one of the following kinds of authorised progress payments—

  • (a)

    a progress payment of a specified amount or specified percentage of the contract price that is payable following completion of a specified stage of the work, with the work that comprises that stage described in clear and plain language,

  • (b)

    a progress payment for labour and materials in respect of work already performed or costs already incurred (and which may include the addition of a margin), with provision for a claim for payment to be supported by such invoices, receipts or other documents as may be reasonably necessary to support the claim and with payment intervals fixed by the contract or on an “as invoiced” basis,

  • (c)

    a progress payment authorised by the regulations.

Note—

Progress payments can extend to variations to the work to be done under the contract.

(3)

A contract can provide for more than one kind of authorised progress payment.

(4)

A person must not—

  • (a)

    demand or receive payment of a progress payment under a contract to which this section applies unless the progress payment is authorised under this section, or

  • (b)

    enter into a contract to which this section applies under which the person is entitled to demand or receive payment of a progress payment unless the progress payment is authorised under this section.

Maximum penalty—1,000 penalty units in the case of a corporation and 200 penalty units in any other case.

(5)

This section does not apply to a progress payment for residential building work under a construction contract to which the Building and Construction Industry Security of Payment Act 1999 applies.

(6)

This section does not apply to—

  • (a)

    a contract that is made between parties who each hold a contractor licence and is for work that each party’s contractor licence authorises the party to contract to do, or

  • (b)

    a contract to do specialist work that is not also residential building work.

Note—

The exception in paragraph (a) applies to a subcontracting arrangement between licensees, and to a contract between licensees for work to be done on premises that one of the licensees owns.

s 8A: Ins 2014 No 24, Sch 1 [19].

9Exhibition homes(1)

In this section, exhibition home means a dwelling made available for inspection to persons who are invited, expressly or impliedly, to enter into a contract for the construction of a similar dwelling.

(2)

A person who makes an exhibition home available for inspection or who advertises that an exhibition home is so available is guilty of an offence if, at any time it is available for inspection, there is not prominently displayed at the home—

  • (a)

    a copy of the plans and specifications relating to its construction, and

  • (b)

    if the person is aware that persons are to be invited to enter into building contracts for the construction of similar dwellings by use of a standard form of building contract, a copy of that form of contract.

Maximum penalty—80 penalty units in the case of a corporation and 40 penalty units in any other case.

(3)

If—

  • (a)

    a contract is entered into with the holder of a contractor licence for the construction of a dwelling that is similar to an exhibition home, and

  • (b)

    the holder knows that it was entered into after the other party to the contract had inspected the home, and

  • (c)

    the contract in any way identifies the dwelling to be built by reference to the home,

the contract is to be taken to contain a provision that the dwelling will be constructed according to the same plans and specifications, standards of workmanship and quality of materials as the exhibition home, except to the extent (if any) that the contract and its accompanying plans and specifications provide for any departure from them.

s 9: Am 2001 No 51, Sch 8 [6]; 2004 No 101, Sch 4 [4].

10Enforceability of contracts and other rights(1)

A person who contracts to do any residential building work, or any specialist work, and who so contracts—

  • (a)

    in contravention of section 4 (Unlicensed contracting), or

  • (b)

    under a contract to which the requirements of section 7 apply that is not in writing or that does not have sufficient description of the work to which it relates (not being a contract entered into in the circumstances described in section 6(2)), or

  • (c)

    in contravention of any other provision of this Act or the regulations that is prescribed for the purposes of this paragraph,

is not entitled to damages or to enforce any other remedy in respect of a breach of the contract committed by any other party to the contract, and the contract is unenforceable by the person who contracted to do the work. However, the person is liable for damages and subject to any other remedy in respect of a breach of the contract committed by the person.

(2), (3)

(Repealed)

(4)

This section does not affect the liability of the person for an offence against a provision of or made under this or any other Act.

s 10: Subst 1996 No 122, Sch 1 [4]. Am 2001 No 112, Sch 1.15 [2].

11Other rights not affected

This Division does not affect any right or remedy that a person (other than the person who contracts to do the work) may have apart from this Act.

Division 1AAdditional requirements for certain contracts if certifier required

pt 2, div 1A (ss 11A–11E: Ins 2018 No 63, Sch 2[1].

11AApplication of Division(1)

This Division applies to a contract under which the holder of a contractor licence undertakes—

  • (a)

    to do, in person, or by others, any residential building work or any specialist work, or

  • (b)

    to vary any such undertaking to do residential building work or any specialist work or the way in which any such work is to be done,

but only if a registered certifier will be required with respect to some or all of the work.

(2)

Despite subsection (1), this Division does not apply to the following—

  • (a)

    a contract to do residential building work entered into between the holder of a contractor licence and a developer with respect to the work,

  • (b)

    a contract for which the contract price does not exceed the prescribed amount or (if the contract price is not known) the reasonable market cost of the labour and materials involved does not exceed the prescribed amount,

  • (c)

    a contract of a class prescribed by the regulations.

(3)

The requirements of this Division apply in addition to any requirements of Division 1.

(4)

In this section—

prescribed amount is the amount prescribed by the regulations for the purposes of section 7AAA and is inclusive of GST.

11BConsumer information—certifiers

A holder of a contractor licence must, before entering into a contract, give to the other party to the contract information, in a form approved by the Secretary, that explains the role of a registered certifier.

Maximum penalty—40 penalty units in the case of a corporation and 20 penalty units in any other case.

11CUndue influence relating to appointment of certifiers(1)

A holder of a contractor licence must not unduly influence (or attempt to unduly influence) a person with whom the contractor enters a contract, in the appointment by that person of a registered certifier to carry out certification work with respect to work to be carried out under the contract.

Maximum penalty—1,000 penalty units in the case of a corporation and 300 penalty units in any other case.

(2)

Without limiting subsection (1), a holder of a contractor licence is taken to have attempted to unduly influence a person in the appointment of a registered certifier if the holder of the contractor licence—

  • (a)

    made it a requirement of entering the contract that a specified registered certifier or class of registered certifier was or was not be appointed, or

  • (b)

    offered to change the contract price if a specified registered certifier or class of registered certifier would be or would not be appointed, or

  • (c)

    refuses to carry out work under the contract if a specified registered certifier or class of registered certifier is or is not appointed.

11DTerms of contract

A contract must include (and is taken to include) each of the terms set out in Part 1A of Schedule 2. A contract that contains a term that is inconsistent with a term set out in Part 1A of Schedule 2 is unenforceable to the extent of the inconsistency.

11EProvisions not to apply where health or safety or property at risk

However, sections 11B and 11D do not apply to a contract to do residential building work or specialist work in circumstances that—

  • (a)

    if the work were not to be done promptly, there is likely to be a hazard to the health or safety of any person or to the public or to be damage to property, and

  • (b)

    the work could not be done promptly if the requirements of the particular section were to be complied with before commencing the work.

Division 2Restrictions on who may do certain work12Unlicensed work

An individual must not do any residential building work, or specialist work, except—

  • (a)

    as, or as a member of a partnership or an officer of a corporation that is, the holder of a contractor licence authorising its holder to contract to do that work, or

  • (b)

    as the holder of an owner-builder permit authorising its holder to do that work, or

  • (c)

    as an employee of the holder of such a contractor licence or permit.

Maximum penalty—1,000 penalty units in the case of a corporation and 200 penalty units in any other case.

s 12: Am 2001 No 51, Sch 8 [7]; 2004 No 101, Sch 4 [1].

13Unqualified residential building work(1)

An individual must not do any residential building work, except—

  • (a)

    as the holder of an endorsed contractor licence, a supervisor or tradesperson certificate or an owner-builder permit, authorising its holder to do that work, or

  • (b)

    under the supervision, and subject to the direction, of the holder of an endorsed contractor licence or supervisor certificate authorising its holder to supervise that work.

Maximum penalty—1,000 penalty units in the case of a corporation and 200 penalty units in any other case.

(2)

If the same facts establish an offence under this section and an offence under another provision of this Act or under any other Act or law, an individual is not liable to be convicted of both offences.

s 13: Am 2001 No 51, Sch 8 [8]; 2004 No 55, Sch 2.17 [3]; 2004 No 101, Sch 4 [1].

14Unqualified electrical wiring work(1)

An individual must not do any electrical wiring work (whether or not it is also residential building work), except—

  • (a)

    as a qualified supervisor in respect of that work, or

  • (b)

    as the holder of a tradesperson certificate authorising its holder to do that work under supervision, but only if the work is done under the supervision and in accordance with the directions, if any, of such a qualified supervisor.

Maximum penalty—1,000 penalty units in the case of a corporation and 200 penalty units in any other case.

(2)

Despite subsection (1), an individual may do electrical wiring work even though the individual is not such a qualified supervisor or holder, but only if such a qualified supervisor—

  • (a)

    is present at all times where the work is being done by the individual, and

  • (b)

    is available to be consulted by, and to give directions relating to how the work is to be done to, the individual.

(3)

A qualified supervisor who is supervising any electrical wiring work being done by an individual as referred to in subsection (1)(b) must—

  • (a)

    give directions that are adequate to enable the work to be done correctly by the individual performing it, and

  • (b)

    personally ensure that the work is correctly done.

Maximum penalty—1,000 penalty units in the case of a corporation and 200 penalty units in any other case.

(4)

A qualified supervisor who is supervising any electrical wiring work being done by an individual as referred to in subsection (2) must—

  • (a)

    give directions that are adequate to enable the work to be done correctly by the individual performing it (which, unless the qualified supervisor considers it unnecessary, must include directions requiring the individual to advise in detail on progress with the work), and

  • (b)

    be present when the work is being done and be available to be consulted by, and to give directions relating to how the work is to be done to, the individual, and

  • (c)

    personally ensure that the work is correctly done.

Maximum penalty—1,000 penalty units in the case of a corporation and 200 penalty units in any other case.

(5)

This section applies to an individual acting in the course of his or her employment by the Crown.

(6)

In this section, qualified supervisor in respect of electrical wiring work means the holder of an endorsed contractor licence, or a supervisor certificate, authorising its holder to do that work.

s 14: Am 2001 No 51, Sch 8 [9]; 2004 No 55, Sch 2.17 [3]; 2004 No 101, Sch 4 [1]; 2014 No 24, Sch 1 [20] [21].

15Unqualified refrigeration or air-conditioning work

An individual must not do any work declared by the regulations to be refrigeration work or air-conditioning work (whether or not it is also residential building work), except—

  • (a)

    as the holder of an endorsed contractor licence, or of a supervisor or tradesperson certificate, authorising its holder to do that work, or

  • (b)

    under the immediate supervision of the holder of such an endorsed contractor licence or supervisor certificate.

Maximum penalty—1,000 penalty units in the case of a corporation and 200 penalty units in any other case.

s 15: Am 2001 No 51, Schs 1 [3], 8 [10]; 2004 No 55, Sch 2.17 [3]; 2004 No 101, Sch 4 [1].

15AUnqualified mechanical services and medical gas work(1)

An individual must not do any mechanical services and medical gas work (whether or not it is also residential building work) except—

  • (a)

    as a qualified supervisor in respect of that work, or

  • (b)

    as the holder of a tradesperson certificate authorising its holder to do that work under supervision, but only if the work is done under the supervision and in accordance with the directions, if any, of a qualified supervisor.

Maximum penalty—1,000 penalty units in the case of a corporation and 200 penalty units in any other case.

(2)

Despite subsection (1), an apprentice or trainee may do mechanical services and medical gas services work even though the apprentice or trainee is not a qualified supervisor or holder, but only if a qualified supervisor—

  • (a)

    is present at all times where the work is being done by the apprentice or trainee, and

  • (b)

    is available to be consulted by, and to give directions relating to how the work is to be done to, the apprentice or trainee.

(3)

A qualified supervisor who is supervising any mechanical services and medical gas work being done by an apprentice or trainee as referred to in subsection (1)(b) must—

  • (a)

    give directions that are adequate to enable the work to be done correctly by the apprentice or trainee performing it, and

  • (b)

    personally ensure that the work is correctly done.

Maximum penalty—1,000 penalty units in the case of a corporation and 200 penalty units in any other case.

(4)

A qualified supervisor who is supervising any mechanical services and medical gas work being done by an apprentice or trainee as referred to in subsection (2) must—

  • (a)

    give directions that are adequate to enable the work to be done correctly by the apprentice or trainee performing it (which, unless the qualified supervisor considers it unnecessary, must include directions requiring the apprentice or trainee to advise in detail on progress with the work), and

  • (b)

    be present when the work is being done and be available to be consulted by, and to give directions relating to how the work is to be done to, the apprentice or trainee, and

  • (c)

    personally ensure that the work is correctly done.

Maximum penalty—1,000 penalty units in the case of a corporation and 200 penalty units in any other case.

(5)

Despite subsection (1), a person may do mechanical services and medical gas work that is also the following—

  • (a)

    plumbing and drainage work within the meaning of the Plumbing and Drainage Act 2011,

  • (b)

    work declared by the regulations to be refrigeration work or air-conditioning work,

  • (c)

    roof plumbing work,

  • (d)

    specialist work within the meaning of section 34 of the Design and Building Practitioners Act 2020 in relation to a medical gas installation,

if the person is—

  • (e)

    the holder of an endorsed contractor licence, or of a supervisor or tradesperson certificate, authorising its holder to do that work, or

  • (f)

    under the immediate supervision of the holder of a contractor licence or supervisor certificate that is endorsed with respect to that work.

(6)

This section applies to an individual acting in the course of his or her employment by the Crown.

(6A)

This section does not apply to a person who is a registered medical practitioner or a registered nurse who is commissioning, testing, verifying or witnessing a medical gas installation in the course of carrying out the person’s functions as a registered medical practitioner or a registered nurse.

(7)

In this section—

apprentice has the same meaning as in the Apprenticeship and Traineeship Act 2001.

qualified supervisor, in respect of a class of work, means the holder of an endorsed contractor licence, or a supervisor certificate, authorising its holder to do that work.

trainee has the same meaning as in the Apprenticeship and Traineeship Act 2001.

s 15A: Ins 2020 No 17, Sch 2[1]. Am 2020 No 32, Sch 9.4[1]; 2022 No 26, Sch 2.12[1] [2].

15BUnqualified medical gasfitting work(1)

An individual must not do any medical gasfitting work (whether or not it is also residential building work) except—

  • (a)

    as a qualified supervisor in respect of that work, or

  • (b)

    as the holder of a tradesperson certificate authorising its holder to do that work under supervision, but only if the work is done under the supervision and in accordance with the directions, if any, of a qualified supervisor.

Maximum penalty—1,000 penalty units in the case of a corporation and 200 penalty units in any other case.

(2)

Despite subsection (1), an apprentice or trainee may do medical gasfitting work even though the apprentice or trainee is not a qualified supervisor or holder, but only if a qualified supervisor—

  • (a)

    is present at all times where the work is being done by the apprentice or trainee, and

  • (b)

    is available to be consulted by, and to give directions relating to how the work is to be done to, the apprentice or trainee.

(3)

A qualified supervisor who is supervising medical gasfitting work being done by an apprentice or trainee as referred to in subsection (1)(b) must—

  • (a)

    give directions that are adequate to enable the work to be done correctly by the apprentice or trainee performing it, and

  • (b)

    personally ensure that the work is correctly done.

Maximum penalty—1,000 penalty units in the case of a corporation and 200 penalty units in any other case.

(4)

A qualified supervisor who is supervising medical gasfitting work being done by an apprentice or trainee as referred to in subsection (2) must—

  • (a)

    give directions that are adequate to enable the work to be done correctly by the apprentice or trainee performing it (which, unless the qualified supervisor considers it unnecessary, must include directions requiring the apprentice or trainee to advise in detail on progress with the work), and

  • (b)

    be present when the work is being done and be available to be consulted by, and to give directions relating to how the work is to be done to, the apprentice or trainee, and

  • (c)

    personally ensure that the work is correctly done.

Maximum penalty—1,000 penalty units in the case of a corporation and 200 penalty units in any other case.

(5)

Despite subsection (1), a person may do medical gasfitting work that is also mechanical services and medical gas work, if the person is—

  • (a)

    the holder of an endorsed contractor licence, or of a supervisor or tradesperson certificate, authorising its holder to do that work, or

  • (b)

    under the immediate supervision of the holder of a contractor licence or supervisor certificate that is endorsed with respect to that work.

(6)

This section applies to an individual acting in the course of his or her employment by the Crown.

(6A)

This section does not apply to a person who is a registered medical practitioner or a registered nurse who is commissioning, testing, verifying or witnessing a medical gas installation in the course of carrying out the person’s functions as a registered medical practitioner or a registered nurse.

(7)

In this section—

apprentice has the same meaning as in the Apprenticeship and Traineeship Act 2001.

qualified supervisor, in respect of a class of work, means the holder of an endorsed contractor licence, or a supervisor certificate, authorising its holder to do that work.

trainee has the same meaning as in the Apprenticeship and Traineeship Act 2001.

s 15B: Ins 2020 No 17, Sch 2[1]. Am 2020 No 32, Sch 9.4[2].

15CUnqualified medical gas technician work(1)

An individual must not do any medical gas technician work (whether or not it is also residential building work) except—

  • (a)

    as a qualified supervisor in respect of that work, or

  • (b)

    as the holder of a tradesperson certificate authorising its holder to do that work under supervision, but only if the work is done under the supervision and in accordance with the directions, if any, of a qualified supervisor.

Maximum penalty—1,000 penalty units in the case of a corporation and 200 penalty units in any other case.

(2)

Despite subsection (1), an apprentice or trainee may do medical gas technician work even though the apprentice or trainee is not a qualified supervisor or holder, but only if a qualified supervisor—

  • (a)

    is present at all times where the work is being done by the apprentice or trainee, and

  • (b)

    is available to be consulted by, and to give directions relating to how the work is to be done to, the apprentice or trainee.

(3)

A qualified supervisor who is supervising medical gas technician work being done by an apprentice or trainee as referred to in subsection (1)(b) must—

  • (a)

    give directions that are adequate to enable the work to be done correctly by the apprentice or trainee performing it, and

  • (b)

    personally ensure that the work is correctly done.

Maximum penalty—1,000 penalty units in the case of a corporation and 200 penalty units in any other case.

(4)

A qualified supervisor who is supervising medical gas technician work being done by an apprentice or trainee as referred to in subsection (2) must—

  • (a)

    give directions that are adequate to enable the work to be done correctly by the apprentice or trainee performing it (which, unless the qualified supervisor considers it unnecessary, must include directions requiring the apprentice or trainee to advise in detail on progress with the work), and

  • (b)

    be present when the work is being done and be available to be consulted by, and to give directions relating to how the work is to be done to, the apprentice or trainee, and

  • (c)

    personally ensure that the work is correctly done.

Maximum penalty—1,000 penalty units in the case of a corporation and 200 penalty units in any other case.

(5)

This section applies to an individual acting in the course of his or her employment by the Crown.

(5A)

This section does not apply to a person who is a registered medical practitioner or a registered nurse who is commissioning, testing, verifying or witnessing a medical gas installation in the course of carrying out the person’s functions as a registered medical practitioner or a registered nurse.

(6)

In this section—

apprentice has the same meaning as in the Apprenticeship and Traineeship Act 2001.

qualified supervisor, in respect of a class of work, means the holder of an endorsed contractor licence, or a supervisor certificate, authorising its holder to do that work.

trainee has the same meaning as in the Apprenticeship and Traineeship Act 2001.

s 15C: Ins 2020 No 17, Sch 2[1]. Am 2020 No 32, Sch 9.4[3].

16Obligations of holders of contractor licences

The holder of a contractor licence must ensure that, when residential building work, or specialist work, for which the contractor licence authorises the holder to contract is being done by or on behalf of the holder, the work is done—

  • (a)

    by the holder of an endorsed contractor licence, or of a supervisor or tradesperson certificate, authorising its holder to do the work, or

  • (b)

    under the supervision, and subject to the direction, of the holder of such an endorsed contractor licence or supervisor certificate, but only if the work is done so as not to contravene a requirement made by or under this or any other Act.

Maximum penalty—1,000 penalty units in the case of a corporation and 200 penalty units in any other case.

s 16: Am 2001 No 51, Sch 8 [11]; 2004 No 55, Sch 2.17 [3]; 2004 No 101, Sch 4 [1].

Part 2ARegulation of supply of kit homes

pt 2A: Ins 1990 No 33, Sch 1 (3).

16A, 16B

(Repealed)

s 16A: Ins 1990 No 33, Sch 1 (3). Am 2001 No 51, Sch 8 [12]; 2004 No 101, Sch 4 [1] [5]. Rep 2009 No 61, Sch 2 [7].

s 16B: Ins 1990 No 33, Sch 1 (3). Am 2001 No 51, Sch 8 [13]; 2004 No 101, Sch 4 [1]. Rep 2009 No 61, Sch 2 [8].

16CApplication of requirements for contracts(1)

Sections 16D–16DE apply to a contract under which a person (a kit home supplier) undertakes—

  • (a)

    to supply, in person, or by others, a kit home, or

  • (b)

    to vary any such undertaking previously made.

(2)

Section 16D(5) does not apply to a contract referred to in subsection (1)(b).

s 16C: Ins 1990 No 33, Sch 1 (3). Subst 1996 No 122, Sch 1 [5]. Am 2001 No 51, Sch 2 [7]; 2009 No 61, Sch 2 [9].

16DForm of contracts for kit homes(1)

A contract must be in writing and be dated and signed by or on behalf of each of the parties to it.

(2)

A contract must contain—

  • (a)

    the names of the parties, and

  • (b)

    (Repealed)

  • (c)

    a sufficient description of the kit home to which the contract relates, and

  • (d)

    any plans and specifications for the kit home, and

  • (e)

    the contract price if known, and

  • (f)

    a conspicuous statement setting out the cooling-off period that applies to the contract because of section 16DBA.

(3)

The contract must comply with any requirements of the regulations.

(4)

If the contract price is known, it must be stated in a prominent position on the first page of the contract.

(5)

If the contract price is not known or may be varied under the contract, the contract must contain a warning to that effect and an explanation of the effect of the provision allowing variation of the price. The warning and explanation must be placed next to the price if the price is known.

(6), (7)

(Repealed)

s 16D: Ins 1990 No 33, Sch 1 (3). Subst 1996 No 122, Sch 1 [5]. Am 2001 No 51, Sch 2 [8]; 2002 No 97, Sch 1.4 [2]; 2009 No 61, Sch 2 [10] [11].

16DAAConsumer information(1)

A kit home supplier must, before entering into a contract, give the other party to the contract information, in a form approved by the Secretary, that explains the operation of this Act and the procedure for the resolution of disputes under the contract and for the resolution of disputes relating to insurance.

Maximum penalty—40 penalty units in the case of a corporation and 20 penalty units in any other case.

(2)

This section does not apply to contracts of a class prescribed by the regulations.

s 16DAA: Ins 2001 No 51, Sch 2 [9]. Am 2004 No 101, Sch 4 [3]; 2009 No 61, Sch 2 [12].

16DAOffence

A person must not contract to supply a kit home under a contract unless the requirements of sections 16D and 16DE in relation to the contract are complied with.

Maximum penalty—80 penalty units in the case of a corporation and 40 penalty units in any other case.

s 16DA: Ins 1996 No 122, Sch 1 [5]. Am 2001 No 51, Sch 8 [14]; 2004 No 101, Sch 4 [4]; 2014 No 24, Sch 1 [22].

16DBCopy of contract

A kit home supplier must, not later than 5 clear business days after entering into a contract, give the other party to the contract a signed copy of the contract in the form in which it was made.

Maximum penalty—80 penalty units in the case of a corporation and 40 penalty units in any other case.

s 16DB: Ins 1996 No 122, Sch 1 [5]. Am 2001 No 51, Sch 8 [15]; 2004 No 101, Sch 4 [4]; 2009 No 61, Sch 2 [13].

16DBACooling-off period: person may rescind kit home contract within 5 days without penalty(1)

A person who contracts with a kit home supplier may, by notice in writing, rescind the contract—

  • (a)

    in the case of a person who has been given a copy of the signed contract—at any time before the expiration of 5 clear business days after the person is given a copy of the contract, or

  • (b)

    in the case of a person who has not been given a copy of the signed contract within 5 days after the contract has been signed—at any time before the expiration of 5 clear business days after the person becomes aware that he or she is entitled to be given a copy of the signed contract.

(2)

The notice must state that the person rescinds the contract and must be given—

  • (a)

    to the kit home supplier personally, or

  • (b)

    by leaving it at the address shown in the contract as the address of the kit home supplier, or

  • (c)

    by serving it on the kit home supplier in accordance with any notice or service provision in the contract.

(3)

If a notice is given in accordance with this section—

  • (a)

    the contract is taken to be rescinded from the time it was signed, but subject to the rights and obligations conferred by this section, and

  • (b)

    the kit home supplier may retain out of any money already paid to the kit home supplier under the contract the amount of any reasonable out-of-pocket expenses the kit home supplier incurred before the rescission, and

  • (c)

    the kit home supplier must refund all other money paid to the kit home supplier under the contract by (or on behalf of) the party who has rescinded the contract at or since the time the contract was made, and

  • (d)

    the party who rescinded the contract is not liable to the kit home supplier in any way for rescinding the contract.

(4)

The cooling-off period may be shortened or avoided by a provision in the contract, but the provision does not take effect unless and until the other party to the contract gives the kit home supplier (or the kit home supplier’s Australian legal practitioner) a certificate that complies with subsection (5).

(5)

A certificate complies with this subsection if it—

  • (a)

    is in writing, and

  • (b)

    is signed by an Australian legal practitioner, other than—

    • (i)

      an Australian legal practitioner acting for the kit home supplier, or

    • (ii)

      any other Australian legal practitioner employed in the legal practice of an Australian legal practitioner acting for the kit home supplier, or

    • (iii)

      any other Australian legal practitioner who is a member or employee of a firm in which an Australian legal practitioner acting for the kit home supplier is a member or employee, and

  • (c)

    indicates the purpose for which the certificate is given, and

  • (d)

    contains a statement to the effect that the Australian legal practitioner explained to the other party to the contract the effect of the contract, the nature of the certificate and the effect of giving the certificate to the kit home supplier.

(6)

A contract can be rescinded under this section even if work has been done under the contract at the time of rescission.

(7)

If a contract is rescinded under this section, the kit home supplier is entitled to a reasonable price for the work carried out under the contract to the date the contract is rescinded.

(8)

This section does not apply to a contract of a class specified in the regulations.

s 16DBA: Ins 2001 No 51, Sch 2 [10]. Am 2006 No 120, Sch 3.11 [1]–[3]; 2009 No 61, Sch 2 [14]–[18].

16DBBPerson may rescind kit home contract if cooling-off warning not given(1)

This section applies to a contract for the supply of a kit home to which section 16DBA applies.

(2)

If a contract does not contain a statement relating to the cooling-off period and a person’s rights under section 16DBA (as required by section 16D(2)(f)), a person (other than the kit home supplier) may, by notice in writing, rescind the contract within 7 days of becoming aware that the contract should have contained such a notice.

(3)

The notice must state that the person rescinds the contract and must be given—

  • (a)

    to the kit home supplier personally, or

  • (b)

    by leaving it at the address shown in the contract as the address of the kit home supplier, or

  • (c)

    by serving it on the kit home supplier in accordance with any notice or service provision in the contract.

(4)

The notice must be given in the form approved by the Secretary, if any.

(5)

If a notice is given in accordance with this section the contract is taken to be rescinded from the time it was signed, but subject to the rights and obligations conferred by this section.

(6)

A contract can be rescinded under this section even if work has been done under the contract at the time of rescission.

(7)

If a contract is rescinded under this section, the kit home supplier is entitled to a reasonable price for anything done under the contract to the date the contract is rescinded.

(8)

However, a kit home supplier may not recover under subsection (7) more than the kit home supplier would have been entitled to recover under the contract.

s 16DBB: Ins 2001 No 51, Sch 2 [10]. Am 2009 No 61, Sch 2 [15] [19] [20]; 2018 No 65, Sch 8.4[1].

16DCArbitration clause prohibited

A provision in a contract or other agreement that requires a dispute under the contract to be referred to arbitration is void.

s 16DC: Ins 1996 No 122, Sch 1 [5].

16DDInterests in land under contract(1)

A contract does not give the kit home supplier or any other person a legal or equitable estate or interest in any land, and a provision in a contract or other agreement is void to the extent that it purports to create such an estate or interest.

(2)

Accordingly, the kit home supplier or any other person may not lodge a caveat under the Real Property Act 1900 in respect of an estate or interest prohibited by subsection (1).

(3)

However, subsection (1) does not apply to a provision in a contract that creates a charge over land if—

  • (a)

    the land the subject of the charge is land on which the kit home is, or is to be, erected, and

  • (b)

    the charge is in favour of the kit home supplier who is a party to the contract, and

  • (c)

    the charge is created to secure the payment to the kit home supplier by another party to the contract of money due under the contract, but only if a court or tribunal has made an order or judgment that such payment be made, and

  • (d)

    in the case of a charge over land under the Real Property Act 1900—the party to the contract against whom the judgment or order is made is the registered proprietor of the land.

(4)

A charge referred to in subsection (3) over land under the Real Property Act 1900 ceases to operate if the party to the contract against whom the judgment or order is made ceases to be the registered proprietor of the land so charged.

s 16DD: Ins 1996 No 122, Sch 1 [5]. Subst 1998 No 56, Sch 1 [2]. Am 2009 No 61, Sch 2 [13] [21].

16DETerms of contracts(1)

A contract must include (and is taken to include) each of the terms set out in Part 2 of Schedule 2. A contract that contains a term that is inconsistent with a term set out in Part 2 of Schedule 2 is unenforceable to the extent of the inconsistency.

(2)

The regulations may make provision for or with respect to—

  • (a)

    terms or other matter that must be included in a contract or a class of contracts, or

  • (b)

    terms or other matter that must not be included in a contract or a class of contracts.

(3)

If the regulations require a contract or class of contracts to contain a specified term (a prescribed term), a contract of the kind concerned is taken to include the term. A contract that contains a term that is inconsistent with a prescribed term is unenforceable to the extent of the inconsistency.

(4)

If the regulations provide that any term or other matter must not be included in a contract or a class of contracts, any contract that contains that term or other matter is unenforceable to the extent that it includes or applies to that term or other matter.

(5)

Any regulation made under this section does not apply to a contract in force at the time that the regulation commences.

(6)

A requirement imposed by or under this section that a contract must include a particular term is a requirement that the contract expressly include the term and is not complied with merely because this section provides that the contract is taken to include the term.

(7)

This section does not limit section 16D(3).

s 16DE: Ins 2001 No 51, Sch 2 [11]. Subst 2014 No 24, Sch 1 [23].

16EMaximum deposit for kit home supply(1)

The maximum amount of a deposit for the supply of a kit home is 10% of the contract price. A deposit for the supply of a kit home is a payment on account before delivery of part of the kit home is made under a contract to supply a kit home.

(2)

A person must not—

  • (a)

    demand or receive payment of a deposit for the supply of a kit home if the amount of the deposit exceeds the maximum imposed by this section, or

  • (b)

    enter into a contract under which the person is entitled to demand or receive payment of a deposit for the supply of a kit home if the amount of the deposit exceeds the maximum imposed by this section.

Maximum penalty—1,000 penalty units in the case of a corporation and 200 penalty units in any other case.

(3)

The regulations may make provision concerning how a contract price is to be determined for the purposes of this section.

s 16E: Ins 1990 No 33, Sch 1 (3). Am 2001 No 51, Sch 8 [16]; 2004 No 101, Sch 4 [1]. Subst 2014 No 24, Sch 1 [24].

16FExhibition homes(1)

In this section, exhibition home means a dwelling made available for inspection to persons who are invited, expressly or impliedly, to enter into a contract for the supply of a kit home designed to enable the construction of a similar dwelling.

(2)

A person who makes an exhibition home available for inspection or who advertises that an exhibition home is so available is guilty of an offence if, at any time it is available for inspection, there is not prominently displayed at the home—

  • (a)

    a copy of the plans and specifications relating to its construction, and

  • (b)

    if the person is aware that persons are to be invited to enter into contracts of the kind referred to in subsection (1) by use of a standard form of contract, a copy of that form of contract.

Maximum penalty—80 penalty units in the case of a corporation and 40 penalty units in any other case.

(3)

If—

  • (a)

    a contract is entered into with a kit home supplier for the supply of a kit home designed to enable the construction of a dwelling that is similar to an exhibition home, and

  • (b)

    the kit home supplier knows that it was entered into after the other party to the contract had inspected the home, and

  • (c)

    the contract in any way identifies the kit home to be supplied under the contract by reference to the home,

the contract is to be taken to contain a provision that the kit home so supplied will conform to the same plans and quality of materials as the exhibition home, except to the extent (if any) that the contract and its accompanying plans provide for any departure from them.

s 16F: Ins 1990 No 33, Sch 1 (3). Am 2001 No 51, Sch 8 [17]; 2004 No 101, Sch 4 [4]; 2009 No 61, Sch 2 [20] [22].

16GEnforceability of contracts(1)

A person who contracts to supply a kit home—

  • (a)

    under a contract to which the requirements of section 16D apply that is not in writing or that does not have sufficient description of the kit home to which it relates, or

  • (b)

    in contravention of any other provision of this Act or the regulations that is prescribed for the purposes of this paragraph,

is not entitled to damages or to enforce any other remedy in respect of a breach of the contract committed by any other party to the contract, and the contract is unenforceable by the person who contracted to supply the kit home. However, the person is liable for damages and subject to any other remedy in respect of a breach of the contract committed by the person.

(2)

This section does not affect the liability of the person for an offence against a provision of or made under this or any other Act.

s 16G: Ins 1990 No 33, Sch 1 (3). Subst 1996 No 122, Sch 1 [6]. Am 2001 No 112, Sch 1.15 [3]. Subst 2009 No 61, Sch 2 [23].

16HApplication of this Part(1)

This Part does not affect any right or remedy that a person (other than the person who contracts to supply the kit home) may have apart from this Act.

(2)

This Part does not apply to—

  • (a)

    a contract entered into, before the commencement of this Part, for the supply of a kit home, or

  • (b)

    the supply of a kit home pursuant to such a contract.

s 16H: Ins 1990 No 33, Sch 1 (3).

pt 2, div 3, hdg: Rep 1990 No 33, Sch 1 (4).

Part 2BRepresentations concerning contractor licences or certificates

pt 2B, hdg: Ins 1990 No 33, Sch 1 (4).

17Misrepresentations about contractor licences or certificates(1)

A person must not represent that an individual, a partnership or a corporation—

  • (a)

    is the holder of a contractor licence, knowing that the individual, partnership or corporation is not the holder of a contractor licence, or

  • (b)

    is the holder of a contractor licence authorising its holder to contract to do residential building work, or specialist work, knowing that the individual, partnership or corporation is not the holder of an appropriate contractor licence.

  • (c)

    (Repealed)

Maximum penalty—1,000 penalty units in the case of a corporation and 200 penalty units in any other case.

(2)

A person must not represent that the person or any other person—

  • (a)

    is the holder of a supervisor or tradesperson certificate, knowing that the person or other person is not the holder of a certificate of the kind concerned, or

  • (b)

    is the holder of a supervisor or tradesperson certificate authorising its holder to do residential building work, or specialist work, knowing that the person or other person is not the holder of an appropriate certificate.

Maximum penalty—1,000 penalty units in the case of a corporation and 200 penalty units in any other case.

(3)

For the purposes of this section, a contractor licence or certificate is appropriate only if it authorises its holder to contract to do, or authorises its holder to do, the work that is the subject of the representation.

s 17: Am 1990 No 33, Sch 1 (5); 2001 No 51, Sch 8 [18]; 2004 No 101, Sch 4 [1]; 2009 No 61, Sch 2 [24].

18Representations, generally(1)

It makes no difference whether a representation referred to in this Part—

  • (a)

    is express or implied, or

  • (b)

    relates to a non-existent individual, partnership or corporation, or

  • (c)

    is made by the individual, a member or employee of the partnership or an officer or employee of the corporation concerned.

(2)

For the purposes of this Part, a representation concerning a business name used by, or registered under the Business Names Registration Act 2011 of the Commonwealth to, an individual, a partnership or a corporation is to be taken to be a representation concerning the individual, partnership or corporation.

(3)

This Part applies not only to representations made to identifiable persons but also to those made by way of advertisement where the persons to whom the representations are made may or may not be identifiable.

s 18: Am 2002 No 97, Sch 1.4 [3]; 2011 No 44, Sch 3.7 [2].

Part 2CStatutory warranties

pt 2C: Ins 1996 No 122, Sch 1 [7].

18ATime from when Part applies

This Part applies to residential building work only to the extent that it is done or to be done under a contract made on or after the commencement of this section.

s 18A: Ins 1996 No 122, Sch 1 [7].

18BWarranties as to residential building work(1)

The following warranties by the holder of a contractor licence, or a person required to hold a contractor licence before entering into a contract, are implied in every contract to do residential building work—

  • (a)

    a warranty that the work will be done with due care and skill and in accordance with the plans and specifications set out in the contract,

  • (b)

    a warranty that all materials supplied by the holder or person will be good and suitable for the purpose for which they are used and that, unless otherwise stated in the contract, those materials will be new,

  • (c)

    a warranty that the work will be done in accordance with, and will comply with, this or any other law,

  • (d)

    a warranty that the work will be done with due diligence and within the time stipulated in the contract, or if no time is stipulated, within a reasonable time,

  • (e)

    a warranty that, if the work consists of the construction of a dwelling, the making of alterations or additions to a dwelling or the repairing, renovation, decoration or protective treatment of a dwelling, the work will result, to the extent of the work conducted, in a dwelling that is reasonably fit for occupation as a dwelling,

  • (f)

    a warranty that the work and any materials used in doing the work will be reasonably fit for the specified purpose or result, if the person for whom the work is done expressly makes known to the holder of the contractor licence or person required to hold a contractor licence, or another person with express or apparent authority to enter into or vary contractual arrangements on behalf of the holder or person, the particular purpose for which the work is required or the result that the owner desires the work to achieve, so as to show that the owner relies on the holder’s or person’s skill and judgment.

(2)

The statutory warranties implied by this section are not limited to a contract to do residential building work for an owner of land and are also implied in a contract under which a person (the principal contractor) who has contracted to do residential building work contracts with another person (a subcontractor to the principal contractor) for the subcontractor to do the work (or any part of the work) for the principal contractor.

s 18B: Ins 1996 No 122, Sch 1 [7]. Am 2014 No 24, Sch 1 [25] [26].

18BADuties of person having benefit of statutory warranty(1)

Breach of a statutory warranty implied in a contract constitutes a breach of the contract and accordingly—

  • (a)

    a party to the contract who suffers loss arising from the breach has a duty to mitigate their loss, and

  • (b)

    the onus of establishing a failure to mitigate loss is on the party alleging the failure.

(2)

The duty of a party to a contract to mitigate loss in respect of a breach of a statutory warranty extends to a person who has the benefit of the statutory warranty or who is entitled to the same rights as those that a party to the contract has in respect of the statutory warranty.

(3)

The following duties apply to a person who has the benefit of a statutory warranty but do not limit any duty the person has to mitigate loss arising from breach of a statutory warranty—

  • (a)

    when a breach of the statutory warranty becomes apparent, the person must make reasonable efforts to ensure that a person against whom the warranty can be enforced is given notice in writing of the breach within 6 months after the breach becomes apparent,

  • (b)

    the person must not unreasonably refuse a person who is in breach of the statutory warranty such access to the residential building work concerned as that person may reasonably require for the purpose of or in connection with rectifying the breach (the duty to allow reasonable access).

(4)

A breach of warranty becomes apparent for the purposes of this section when any person entitled to the benefit of the warranty first becomes aware (or ought reasonably to have become aware) of the breach.

(5)

If a failure to comply with a duty under this section is established in proceedings before a court or tribunal concerning a breach of a statutory warranty, the failure is a matter that the court or tribunal may take into account. If the failure is a failure to comply with the duty to allow reasonable access, the court or tribunal must take the failure into account.

s 18BA: Ins 2014 No 24, Sch 1 [27].

18CWarranties as to work by others(1)

A person who is the immediate successor in title to an owner-builder, a holder of a contractor licence, a former holder or a developer who has done residential building work on land is entitled to the benefit of the statutory warranties as if the owner-builder, holder, former holder or developer were required to hold a contractor licence and had done the work under a contract with that successor in title to do the work.

(2)

For the purposes of this section, residential building work done on behalf of a developer is taken to have been done by the developer.

Sec 14

Am 2001 No 51, Sch 8 [9]; 2004 No 55, Sch 2.17 [3]; 2004 No 101, Sch 4 [1]; 2014 No 24, Sch 1 [20] [21].

Sec 15

Am 2001 No 51, Schs 1 [3], 8 [10]; 2004 No 55, Sch 2.17 [3]; 2004 No 101, Sch 4 [1].

Sec 15A

Ins 2020 No 17, Sch 2[1]. Am 2020 No 32, Sch 9.4[1]; 2022 No 26, Sch 2.12[1] [2].

Sec 15B

Ins 2020 No 17, Sch 2[1]. Am 2020 No 32, Sch 9.4[2].

Sec 15C

Ins 2020 No 17, Sch 2[1]. Am 2020 No 32, Sch 9.4[3].

Sec 16

Am 2001 No 51, Sch 8 [11]; 2004 No 55, Sch 2.17 [3]; 2004 No 101, Sch 4 [1].

Part 2A

Ins 1990 No 33, Sch 1 (3).

Sec 16A

Ins 1990 No 33, Sch 1 (3). Am 2001 No 51, Sch 8 [12]; 2004 No 101, Sch 4 [1] [5]. Rep 2009 No 61, Sch 2 [7].

Sec 16B

Ins 1990 No 33, Sch 1 (3). Am 2001 No 51, Sch 8 [13]; 2004 No 101, Sch 4 [1]. Rep 2009 No 61, Sch 2 [8].

Sec 16C

Ins 1990 No 33, Sch 1 (3). Subst 1996 No 122, Sch 1 [5]. Am 2001 No 51, Sch 2 [7]; 2009 No 61, Sch 2 [9].

Sec 16D

Ins 1990 No 33, Sch 1 (3). Subst 1996 No 122, Sch 1 [5]. Am 2001 No 51, Sch 2 [8]; 2002 No 97, Sch 1.4 [2]; 2009 No 61, Sch 2 [10] [11].

Sec 16DAA

Ins 2001 No 51, Sch 2 [9]. Am 2004 No 101, Sch 4 [3]; 2009 No 61, Sch 2 [12].

Sec 16DA

Ins 1996 No 122, Sch 1 [5]. Am 2001 No 51, Sch 8 [14]; 2004 No 101, Sch 4 [4]; 2014 No 24, Sch 1 [22].

Sec 16DB

Ins 1996 No 122, Sch 1 [5]. Am 2001 No 51, Sch 8 [15]; 2004 No 101, Sch 4 [4]; 2009 No 61, Sch 2 [13].

Sec 16DBA

Ins 2001 No 51, Sch 2 [10]. Am 2006 No 120, Sch 3.11 [1]–[3]; 2009 No 61, Sch 2 [14]–[18].

Sec 16DBB

Ins 2001 No 51, Sch 2 [10]. Am 2009 No 61, Sch 2 [15] [19] [20]; 2018 No 65, Sch 8.4[1].

Sec 16DC

Ins 1996 No 122, Sch 1 [5].

Sec 16DD

Ins 1996 No 122, Sch 1 [5]. Subst 1998 No 56, Sch 1 [2]. Am 2009 No 61, Sch 2 [13] [21].

Sec 16DE

Ins 2001 No 51, Sch 2 [11]. Subst 2014 No 24, Sch 1 [23].

Sec 16E

Ins 1990 No 33, Sch 1 (3). Am 2001 No 51, Sch 8 [16]; 2004 No 101, Sch 4 [1]. Subst 2014 No 24, Sch 1 [24].

Sec 16F

Ins 1990 No 33, Sch 1 (3). Am 2001 No 51, Sch 8 [17]; 2004 No 101, Sch 4 [4]; 2009 No 61, Sch 2 [20] [22].

Sec 16G

Ins 1990 No 33, Sch 1 (3). Subst 1996 No 122, Sch 1 [6]. Am 2001 No 112, Sch 1.15 [3]. Subst 2009 No 61, Sch 2 [23].

Sec 16H

Ins 1990 No 33, Sch 1 (3).

Part 2, Div 3, heading

Rep 1990 No 33, Sch 1 (4).

Part 2B, heading

Ins 1990 No 33, Sch 1 (4).

Sec 17

Am 1990 No 33, Sch 1 (5); 2001 No 51, Sch 8 [18]; 2004 No 101, Sch 4 [1]; 2009 No 61, Sch 2 [24].

Sec 18

Am 2002 No 97, Sch 1.4 [3]; 2011 No 44, Sch 3.7 [2].

Part 2C

Ins 1996 No 122, Sch 1 [7].

Sec 18A

Ins 1996 No 122, Sch 1 [7].

Sec 18B

Ins 1996 No 122, Sch 1 [7]. Am 2014 No 24, Sch 1 [25] [26].

Sec 18BA

Ins 2014 No 24, Sch 1 [27].

Sec 18C

Ins 1996 No 122, Sch 1 [7]. Am 2011 No 52, Sch 1 [12].

Sec 18D

Ins 1996 No 122, Sch 1 [7]. Am 2006 No 102, Sch 1 [1] [2]; 2010 No 53, Sch 1 [2] [3].

Sec 18E

Ins 1996 No 122, Sch 1 [7]. Am 2006 No 102, Sch 1 [3]; 2008 No 93, Sch 1 [1]; 2011 No 52, Sch 1 [13]; 2014 No 24, Sch 1 [28] [29]; 2015 No 50, Sch 4.12 [2]; 2017 No 69, Sch 2.6 [1].

Sec 18F

Ins 1996 No 122, Sch 1 [7]. Subst 2014 No 24, Sch 1 [30]. Am 2020 No 7, Sch 2.2.

Sec 18G

Ins 1996 No 122, Sch 1 [7].

Part 2D

Ins 2001 No 51, Sch 3 [5]. Rep 2009 No 61, Sch 2 [25].

Part 2D, Div 1

Ins 2001 No 51, Sch 3 [5]. Rep 2009 No 61, Sch 2 [25].

Sec 18H

Ins 2001 No 51, Sch 3 [5]. Am 2004 No 101, Sch 4 [1] [6]. Rep 2009 No 61, Sch 2 [25].

Sec 18I

Ins 2001 No 51, Sch 3 [5]. Am 2004 No 101, Sch 4 [1]. Rep 2009 No 61, Sch 2 [25].

Sec 18J

Ins 2001 No 51, Sch 3 [5]. Rep 2009 No 61, Sch 2 [25].

Sec 18K

Ins 2001 No 51, Sch 3 [5]. Am 2002 No 97, Sch 1.4 [4]; 2004 No 55, Sch 2.17 [4]. Rep 2009 No 61, Sch 2 [25].

Sec 18L

Ins 2001 No 51, Sch 3 [5]. Am 2004 No 101, Sch 4 [3]. Rep 2009 No 61, Sch 2 [25].

Sec 18M

Ins 2001 No 51, Sch 3 [5]. Rep 2009 No 61, Sch 2 [25].

Secs 18N, 18O

Ins 2001 No 51, Sch 3 [5]. Am 2004 No 101, Sch 4 [4]. Rep 2009 No 61, Sch 2 [25].

Secs 18P, 18Q

Ins 2001 No 51, Sch 3 [5]. Rep 2009 No 61, Sch 2 [25].

Sec 18R

Ins 2001 No 51, Sch 3 [5]. Am 2001 No 112, Sch 1.15 [4]. Rep 2009 No 61, Sch 2 [25].

Sec 18S

Ins 2001 No 51, Sch 3 [5]. Rep 2009 No 61, Sch 2 [25].

Part 2D, Div 2

Ins 2001 No 51, Sch 3 [5]. Rep 2009 No 61, Sch 2 [25].

Secs 18T, 18U

Ins 2001 No 51, Sch 3 [5]. Am 2004 No 101, Sch 4 [1]. Rep 2009 No 61, Sch 2 [25].

Part 2D, Div 3

Ins 2001 No 51, Sch 3 [5]. Rep 2009 No 61, Sch 2 [25].

Sec 18V

Ins 2001 No 51, Sch 3 [5]. Am 2002 No 97, Sch 1.4 [5]; 2004 No 101, Sch 4 [1]. Rep 2009 No 61, Sch 2 [25].

Part 3, heading

Am 2001 No 51, Sch 3 [6]; 2009 No 61, Sch 2 [26].

Sec 19

Am 1990 No 33, Sch 1 (6); 1996 No 122, Sch 5 [9]; 1999 No 26, Sch 1 [2]; 2001 No 51, Sch 1 [4]. Subst 2002 No 28, Sch 4.6 [3]. Am 2018 No 65, Sch 2.8[1] [2].

Sec 20

Am 1990 No 33, Sch 1 (7); 1996 No 122, Schs 2 [1], 5 [9] [10]; 1998 No 48, Sch 2.9 [1]; 1999 No 26, Sch 1 [3]; 2002 No 28, Sch 4.6 [4] [5]; 2004 No 101, Sch 2 [4]–[6]; 2009 No 61, Sch 2 [27]; 2012 No 42, Sch 1.16 [1] [2]; 2013 No 95, Sch 2.78 [1]; 2014 No 24, Sch 1 [31]–[33]; 2021 No 21, Sch 3[1] [2]; 2023 No 44, Sch 1[1] [2].

Sec 21

Am 1990 No 33, Sch 1 (8); 1996 No 122, Sch 5 [9]; 2001 No 51, Sch 1 [5]; 2009 No 61, Sch 2 [28].

Sec 22

Am 1990 No 33, Sch 1 (9); 1996 No 122, Schs 2 [2], 4 [1]; 1998 No 120, Sch 1.22 [2]; 1999 No 26, Sch 1 [4]; 2001 No 34, Sch 4.21 [1]. Subst 2001 No 51, Sch 1 [6] (am 2001 No 34, Sch 4.22 [1]). Am 2004 No 101, Sch 2 [7]–[9]; 2009 No 61, Sch 2 [29]; 2014 No 24, Sch 1 [34]–[36]; 2018 No 65, Sch 3.2[1] [2]; 2023 No 44, Sch 1[3].

Sec 22A

Ins 1999 No 26, Sch 1 [5]. Am 2001 No 51, Sch 8 [19]; 2004 No 101, Sch 4 [3]; 2009 No 61, Sch 2 [27]; 2014 No 24, Sch 1 [37].

Sec 22B

Ins 2001 No 51, Sch 1 [7] (am 2001 No 34, Sch 4.22 [2]). Am 2004 No 101, Schs 3 [1], 4 [3]; 2011 No 27, Sch 2.21 [1]; 2014 No 24, Sch 1 [38].

Sec 23

Am 1990 No 33, Sch 1 (10); 1996 No 122, Schs 2 [3], 5 [9] [11]; 2001 No 51, Sch 1 [8] [9]; 2009 No 61, Sch 2 [30] [31].

Sec 24

Am 1996 No 122, Sch 5 [9] [12]; 2001 No 51, Sch 1 [10]. Subst 2002 No 28, Sch 4.6 [6]. Am 2004 No 55, Sch 2.17 [3]; 2018 No 65, Sch 2.8[3] [4].

Sec 25

Am 1996 No 122, Sch 5 [9] [10] [12]; 1998 No 48, Sch 2.9 [2]; 2002 No 28, Sch 4.6 [7] [8]; 2004 No 101, Sch 2 [10] [11]; 2012 No 42, Sch 1.16 [1]; 2013 No 95, Sch 2.78 [2]; 2014 No 24, Sch 1 [39] [40]; 2021 No 21, Sch 3[3] [4].

Sec 26

Am 1996 No 122, Sch 5 [9].

Sec 27

Am 1996 No 122, Sch 5 [9]; 2001 No 51, Sch 1 [11]; 2002 No 28, Sch 4.6 [9].

Sec 28

Am 2004 No 55, Sch 2.17 [3].

Sec 29

Am 1995 No 11, Sch 1.10 [2]; 1998 No 120, Sch 1.22 [3]; 2002 No 28, Sch 4.6 [10]; 2014 No 24, Sch 1 [41]–[43].

Sec 30

Am 1996 No 122, Sch 5 [9]. Subst 2002 No 28, Sch 4.6 [11].

Sec 31

Am 1996 No 122, Sch 5 [9] [10]; 2001 No 51, Sch 1 [12]; 2002 No 28, Sch 4.6 [12] [13]; 2012 No 42, Sch 1.16 [1]; 2014 No 24, Sch 1 [44] [45].

Sec 32

Am 1996 No 122, Sch 5 [9]; 2002 No 28, Sch 4.6 [14]; 2014 No 24, Sch 1 [46].

Sec 32AA

Ins 2004 No 101, Sch 4 [7].

Part 3, Div 3A

Ins 2001 No 51, Sch 3 [7]. Rep 2009 No 61, Sch 2 [32].

Sec 32A

Ins 2001 No 51, Sch 3 [7]. Subst 2002 No 28, Sch 4.6 [15]. Rep 2009 No 61, Sch 2 [32].

Sec 32B

Ins 2001 No 51, Sch 3 [7]. Am 2002 No 28, Sch 4.6 [16] [17]; 2004 No 101, Sch 2 [12]–[14]. Rep 2009 No 61, Sch 2 [32].

Sec 32C

Ins 2001 No 51, Sch 3 [7] (am 2001 No 34, Sch 4.22 [3]). Rep 2009 No 61, Sch 2 [32].

Sec 32D

Ins 2001 No 51, Sch 3 [7] (am 2001 No 34, Sch 4.22 [3]). Am 2004 No 101, Sch 2 [15] [16]. Rep 2009 No 61, Sch 2 [32].

Sec 32F

Ins 2001 No 51, Sch 3 [7] (am 2001 No 34, Sch 4.22 [3]). Rep 2009 No 61, Sch 2 [32].

Part 3, Div 4, heading

Am 2001 No 51, Sch 3 [8]; 2009 No 61, Sch 2 [33].

Sec 33

Am 2001 No 51, Sch 3 [9]; 2004 No 55, Sch 2.17 [3]; 2009 No 61, Sch 2 [34]. Rep 2014 No 24, Sch 1 [47].

Sec 33A

Ins 2014 No 24, Sch 1 [48]. Am 2022 No 61, Sch 1.3; 2023 No 44, Sch 1[4].

Sec 33B

Ins 2014 No 24, Sch 1 [48]. Am 2017 No 28, Sch 1 [4] [5]; 2018 No 65, Sch 3.2[3]; 2022 No 59, Sch 2.21[1] [2]; 2023 No 44, Sch 1[5]–[8].

Sec 33C

Ins 2014 No 24, Sch 1 [48]. Am 2023 No 44, Sch 1[9] [10].

Sec 33D

Ins 2014 No 24, Sch 1 [48].

Sec 33E

Ins 2020 No 17, Sch 2[2]. Am 2020 No 32, Sch 9.4[4] [5]; 2021 No 5, Sch 1.15[1]; 2022 No 41, Sch 4[1]; 2024 No 53, Sch 1.8[1].

Sec 33F

Ins 2020 No 17, Sch 2[2]. Am 2020 No 32, Sch 9.4[6] [7]; 2021 No 5, Sch 1.15[1]; 2024 No 53, Sch 1.8[1] [2].

Sec 33G

Ins 2020 No 17, Sch 2[2]. Am 2020 No 32, Sch 9.4[8] [9]; 2021 No 5, Sch 1.15[1]; 2024 No 53, Sch 1.8[1] [3].

Sec 33H

Ins 2022 No 41, Sch 4[2].

Sec 34

Am 1996 No 122, Sch 5 [9] [13]; 2001 No 51, Sch 8 [20]. Rep 2002 No 28, Sch 4.6 [18]. Ins 2004 No 101, Sch 2 [17].

Sec 35

Am 1996 No 122, Sch 5 [9]. Rep 2002 No 28, Sch 4.6 [18]. Ins 2004 No 101, Sch 2 [18].

Sec 36

Am 1996 No 122, Sch 5 [9]; 2001 No 51, Sch 8 [21]; 2004 No 101, Sch 4 [3]; 2014 No 24, Sch 1 [49] [50].

Sec 37

Am 2004 No 55, Sch 2.17 [3]. Subst 2007 No 27, Sch 1.21 [2].

Sec 38

Am 1996 No 122, Sch 5 [9] [10]; 2014 No 24, Sch 1 [51].

Sec 39

Am 1996 No 122, Sch 5 [9]; 1999 No 26, Sch 1 [6]; 2001 No 51, Sch 1 [13]. Rep 2002 No 28, Sch 4.6 [18]. Ins 2018 No 65, Sch 2.8[5].

Sec 40

Am 1996 No 122, Schs 2 [4], 5 [9] [10] [13]; 1999 No 26, Sch 1 [7]; 2001 No 51, Schs 1 [14], 3 [12]; 2002 No 28, Sch 4.6 [19] [20]; 2003 No 89, Sch 2.3; 2004 No 101, Sch 2 [19]–[21]; 2008 No 62, Sch 2.28; 2009 No 61, Sch 2 [27] [35] [36]; 2012 No 42, Sch 1.16 [1]–[3]. Subst 2014 No 24, Sch 1 [52]. Am 2018 No 65, Sch 2.8[6] [7].

Sec 41

Am 1996 No 122, Sch 5 [9]; 1998 No 48, Sch 2.9 [3]. Rep 2002 No 28, Sch 4.6 [21].

Sec 42

Subst 2018 No 65, Sch 2.8[8].

Sec 42A

Ins 2008 No 93, Sch 1 [2]. Am 2009 No 61, Sch 2 [37]; 2013 No 95, Schs 2.78 [3], 4.20 [2]; 2014 No 24, Sch 1 [53].

Sec 43

Am 1996 No 122, Sch 5 [9].

Sec 44

Am 1996 No 122, Sch 5 [9] [10] [13] [14]; 2001 No 51, Sch 8 [22]; 2004 No 101, Sch 4 [3]; 2014 No 24, Sch 1 [54].

Sec 45

Am 1996 No 122, Sch 5 [15]. Rep 2005 No 98, Sch 1.12.

Sec 46A

Ins 2004 No 101, Sch 4 [8].

Sec 47

Am 1990 No 33, Sch 1 (11); 1996 No 122, Sch 5 [9]; 1998 No 120, Sch 1.22 [4]; 2001 No 51, Schs 3 [13], 8 [23]; 2004 No 101, Sch 4 [3]; 2009 No 61, Sch 2 [38] [39]; 2020 No 17, Sch 2[3] [4].

Sec 47A

Ins 2001 No 51, Sch 1 [15].

Sec 48

Am 2001 No 51, Sch 3 [13]; 2009 No 61, Sch 2 [38].

Part 3A

Ins 2001 No 51, Sch 4 [1].

Part 3A, Div 1

Ins 2001 No 51, Sch 4 [1].

Sec 48A

Ins 2001 No 51, Sch 4 [1]. Am 2002 No 17, Sch 3.1 [1]; 2002 No 134, Sch 2.1 [5]; 2009 No 61, Sch 2 [40]; 2015 No 12, Sch 2.3 [1] [2]; 2017 No 28, Sch 1 [6].

Part 3A, Div 2

Ins 2001 No 51, Sch 4 [1]. Subst 2002 No 134, Sch 2.1 [6].

Sec 48B

Ins 2001 No 51, Sch 4 [1]. Subst 2002 No 134, Sch 2.1 [6]. Am 2009 No 61, Sch 2 [41].

Sec 48C

Ins 2001 No 51, Sch 4 [1]. Subst 2002 No 134, Sch 2.1 [6]. Am 2008 No 38, Sch 2 [1]; 2009 No 61, Sch 2 [42]; 2011 No 52, Sch 1 [14]; 2015 No 50, Sch 4.12 [3] [4]; 2021 No 7, Sch 4.7[1].

Sec 48D

Ins 2001 No 51, Sch 4 [1]. Am 2001 No 82, Sch 7.10 [2]. Subst 2002 No 134, Sch 2.1 [6]. Am 2008 No 38, Sch 2 [2]; 2011 No 52, Sch 1 [15]; 2014 No 24, Sch 1 [55]; 2015 No 50, Sch 4.12 [5]; 2017 No 22, Sch 4.24; 2021 No 7, Sch 4.7[2]–[4]; 2022 No 59, Sch 3.36; 2024 No 53, Sch 3.6[1].

Sec 48E

Ins 2001 No 51, Sch 4 [1]. Subst 2002 No 134, Sch 2.1 [6]. Am 2009 No 61, Sch 2 [43]; 2014 No 24, Sch 1 [56]–[60].

Sec 48F

Ins 2001 No 51, Sch 4 [1]. Subst 2002 No 134, Sch 2.1 [6]. Am 2014 No 24, Sch 1 [61].

Secs 48G, 48H

Ins 2001 No 51, Sch 4 [1]. Rep 2002 No 134, Sch 2.1 [6].

Sec 48HA

Ins 2001 No 82, Sch 7.10 [3]. Rep 2002 No 134, Sch 2.1 [6].

Part 3A, Div 3

Ins 2001 No 51, Sch 4 [1].

Sec 48I

Ins 2001 No 51, Sch 4 [1]. Am 2002 No 17, Sch 3.1 [2]; 2002 No 134, Sch 2.1 [7].

Sec 48J

Ins 2001 No 51, Sch 4 [1]. Subst 2002 No 134, Sch 2.1 [8]. Am 2013 No 95, Sch 4.20 [3].

Part 3A, Div 4

Ins 2001 No 51, Sch 4 [1].

Sec 48K

Ins 2001 No 51, Sch 4 [1]. Am 2001 No 82, Sch 7.10 [4]; 2001 No 112, Sch 1.15 [5]; 2012 No 42, Sch 1.16 [4]; 2013 No 95, Sch 4.20 [4]; 2017 No 28, Sch 1 [6].

Sec 48L

Ins 2001 No 51, Sch 4 [1]. Am 2001 No 82, Sch 7.10 [5]; 2013 No 95, Sch 4.20 [5].

Sec 48M

Ins 2001 No 51, Sch 4 [1].

Sec 48MA

Ins 2014 No 24, Sch 1 [62].

Part 3A, Div 5

Ins 2001 No 51, Sch 4 [1].

Sec 48N

Ins 2001 No 51, Sch 4 [1]. Am 2002 No 134, Sch 2.1 [9]–[12].

Sec 48O

Ins 2001 No 51, Sch 4 [1]. Am 2014 No 24, Sch 1 [63]; 2015 No 12, Sch 2.3 [3].

Sec 48P

Ins 2001 No 51, Sch 4 [1]. Am 2013 No 95, Sch 4.20 [6]; 2017 No 28, Sch 1 [6].

Sec 48Q

Ins 2001 No 51, Sch 4 [1]. Rep 2013 No 95, Sch 4.20 [7].

Secs 48R–48U

Ins 2001 No 51, Sch 4 [1].

Part 3A, Div 6 (sec 48V)

Ins 2008 No 93, Sch 1 [3].

Part 3B

Ins 2023 No 44, Sch 1[11].

Sec 49

Am 1990 No 33, Sch 1 (12); 1994 No 54, Sch 1 (2); 1995 No 11, Sch 1.10 [3]. Subst 1996 No 122, Sch 3 [2]. Rep 2001 No 51, Sch 5 [2]. Ins 2023 No 44, Sch 1[11].

Sec 49A

Ins 2023 No 44, Sch 1[11].

Sec 49B

Ins 2023 No 44, Sch 1[11].

Sec 49C

Ins 2023 No 44, Sch 1[11].

Sec 49D

Ins 2023 No 44, Sch 1[11].

Sec 49E

Ins 2023 No 44, Sch 1[11].

Part 4, heading

Subst 2001 No 51, Sch 5 [1].

Sec 50

Am 1990 No 33, Sch 1 (13); 1996 No 122, Sch 3 [3]; 2001 No 51, Sch 3 [14] [15]; 2009 No 61, Sch 2 [44] [45].

Sec 51

Am 1990 No 33, Sch 1 (14); 1994 No 54, Sch 2 (1); 1996 No 122, Sch 3 [4]–[6]; 1998 No 85, Sch 2.6 [1] [2]; 1998 No 161, Sch 4.6 [2] [3]; 2001 No 51, Schs 3 [16], 5 [3]; 2002 No 134, Sch 2.1 [13]; 2004 No 101, Sch 3 [2]–[6]; 2008 No 93, Sch 1 [4]; 2009 No 61, Sch 2 [35] [46] [47]; 2011 No 59, Sch 2.1 [2]; 2012 No 42, Sch 1.16 [2]; 2014 No 24, Sch 1 [64]; 2017 No 69, Sch 2.6 [2]; 2021 No 23, Sch 1.11[1]; 2023 No 44, Sch 1[12].

Sec 52

Subst 1990 No 33, Sch 1 (15). Am 2001 No 51, Sch 3 [13] [17]. Subst 2009 No 61, Sch 2 [48].

Sec 53

Am 1994 No 54, Sch 2 (2); 1996 No 122, Sch 3 [7]; 1998 No 161, Sch 4.6 [3]; 2001 No 51, Sch 5 [4]; 2004 No 55, Sch 2.17 [3]; 2014 No 24, Sch 1 [65].

Sec 54

Am 1994 No 54, Sch 2 (3); 1998 No 161, Sch 4.6 [3]; 2001 No 51, Sch 5 [5]–[7]; 2002 No 134, Sch 2.1 [14]; 2004 No 101, Sch 3 [7]; 2009 No 61, Sch 2 [49]; 2021 No 23, Sch 1.11[2].

Part 4, Div 2

Subst 2001 No 51, Sch 5 [8].

Sec 55

Am 1990 No 33, Sch 1 (16); 1994 No 54, Sch 2 (4); 1996 No 122, Schs 3 [8], 5 [9]. Subst 2001 No 51, Sch 5 [8]. Am 2001 No 51, Sch 3 [18]; 2009 No 61, Sch 2 [50].

Sec 56

Rep 1996 No 122, Sch 3 [9]. Ins 2001 No 51, Sch 5 [8]. Am 2004 No 101, Schs 2 [22], 3 [8]; 2012 No 42, Sch 1.16 [5]; 2014 No 24, Sch 1 [66]; 2021 No 32, Sch 1.5[1]; 2023 No 44, Sch 1[13].

Sec 56A

Ins 2001 No 51, Sch 3 [19]. Am 2004 No 101, Schs 2 [23], 3 [9]. Rep 2009 No 61, Sch 2 [51].

Sec 57

Am 1994 No 54, Sch 1 (3); 1996 No 122, Sch 5 [9]. Subst 2001 No 51, Sch 5 [8]. Am 2004 No 101, Schs 2 [24], 3 [10]; 2012 No 42, Sch 1.16 [5]; 2021 No 32, Sch 1.5[2].

Sec 58

Subst 1990 No 33, Sch 1 (17); 1996 No 122, Sch 3 [10]; 2001 No 51, Sch 5 [8].

Sec 59

Am 1990 No 33, Sch 1 (18); 1994 No 54, Sch 1 (4). Subst 1996 No 122, Sch 3 [10]; 2001 No 51, Sch 5 [8].

Sec 60

Subst 1990 No 33, Sch 1 (19). Rep 1996 No 122, Sch 3 [10]. Ins 2001 No 51, Sch 5 [8]. Am 2001 No 51, Sch 3 [20]; 2009 No 61, Sch 2 [38] [52].

Sec 61

Am 1990 No 33, Sch 1 (20). Rep 1996 No 122, Sch 3 [10]. Ins 2001 No 51, Sch 5 [8].

Sec 61A

Ins 2004 No 101, Sch 3 [11]. Am 2006 No 58, Sch 2.22 [1]; 2011 No 27, Sch 2.21 [2].

Sec 62

Am 1990 No 33, Sch 1 (21); 1996 No 122, Sch 5 [9] [10]. Subst 2001 No 51, Sch 5 [8]. Am 2002 No 134, Sch 2.1 [15]; 2004 No 101, Sch 3 [12]; 2021 No 23, Sch 1.11[3].

Sec 63

Am 1990 No 33, Sch 1 (22); 1996 No 122, Schs 3 [11], 5 [9] [10]. Subst 2001 No 51, Sch 5 [8].

Sec 64

Subst 1994 No 54, Sch 2 (5); 2001 No 51, Sch 5 [8].

Sec 65

Subst 1994 No 54, Sch 2 (6). Am 1998 No 161, Sch 4.6 [3]. Subst 2001 No 51, Sch 5 [8]. Am 2004 No 101, Sch 4 [1]; 2009 No 61, Sch 2 [53].

Sec 66

Subst 1994 No 54, Sch 2 (6). Am 1998 No 161, Sch 4.6 [3]. Subst 2001 No 51, Sch 5 [8]. Am 2004 No 101, Sch 4 [3]; 2014 No 24, Sch 1 [67].

Sec 67

Rep 1994 No 54, Sch 2 (6). Ins 2001 No 51, Sch 5 [8]. Am 2013 No 95, Sch 2.78 [4].

Sec 68

Rep 1994 No 54, Sch 2 (6). Ins 2001 No 51, Sch 5 [8].

Sec 69

Rep 1994 No 54, Sch 2 (6). Ins 2001 No 51, Sch 5 [8]. Am 2017 No 28, Sch 1 [7]–[9].

Part 4, Div 3, heading

Rep 2001 No 51, Sch 5 [8].

Part 4, Div 4, heading

Rep 2001 No 51, Sch 5 [8].

Secs 70–73

Rep 1994 No 54, Sch 2 (6).

Sec 74

Am 1994 No 54, Sch 2 (7); 1996 No 122, Sch 5 [16]; 1998 No 161, Sch 4.6 [3]. Rep 2001 No 51, Sch 5 [8].

Sec 75

Am 1994 No 54, Sch 2 (8); 1998 No 161, Sch 4.6 [3]. Rep 2001 No 51, Sch 5 [8].

Sec 76

Subst 1994 No 54, Sch 2 (9). Am 1998 No 161, Sch 4.6 [5] [6]. Rep 2001 No 51, Sch 5 [8].

Sec 77

Am 1990 No 33, Sch 1 (23); 1994 No 54, Sch 2 (10); 1996 No 122, Sch 5 [9]; 1998 No 161, Sch 4.6 [3]. Rep 2001 No 51, Sch 5 [8].

Sec 78

Am 1994 No 54, Sch 2 (11); 1996 No 122, Sch 5 [13]. Rep 2001 No 51, Sch 5 [8].

Sec 79

Rep 1994 No 54, Sch 2 (12).

Sec 80

Am 1994 No 54, Sch 2 (13); 1996 No 122, Sch 5 [9] [17] [18]; 1998 No 48, Sch 2.9 [4]; 1998 No 161, Sch 4.6 [3]. Rep 2001 No 51, Sch 5 [8].

Sec 81

Rep 2001 No 51, Sch 5 [8].

Sec 82

Am 1994 No 54, Sch 2 (14); 1998 No 161, Sch 4.6 [3]. Rep 2001 No 51, Sch 5 [8].

Part 4, Div 5

Rep 2004 No 101, Sch 3 [13].

Sec 83

Am 1996 No 122, Schs 4 [2], 5 [9]. Rep 2004 No 101, Sch 3 [13].

Part 4A, heading

Ins 1998 No 48, Sch 2.9 [5]. Subst 2013 No 95, Sch 2.78 [5].

Part 4A

Ins 1998 No 48, Sch 2.9 [5].

Sec 83A

Ins 1998 No 48, Sch 2.9 [5]. Am 2001 No 51, Sch 3 [21]; 2004 No 55, Sch 2.17 [3]; 2009 No 61, Sch 2 [54]; 2013 No 95, Sch 2.78 [6].

Sec 83B

Ins 1998 No 48, Sch 2.9 [5]. Am 1999 No 26, Sch 1 [8]; 2001 No 51, Schs 1 [16], 5 [9]; 2004 No 101, Schs 2 [25] [26], 3 [14]; 2013 No 95, Sch 2.78 [7]; 2014 No 24, Sch 1 [68].

Part 5, heading

Subst 1996 No 122, Sch 3 [12]. Am 1998 No 161, Sch 4.6 [7]. Subst 2001 No 51, Sch 4 [2]. Am 2001 No 82, Sch 7.10 [6].

Part 5, Div 1, heading

Ins 1998 No 162, Sch 2.4 [3].

Sec 84

Subst 1996 No 122, Sch 3 [13]. Am 1998 No 48, Sch 2.9 [6]; 1998 No 162, Sch 2.4 [1] [2]. Rep 2001 No 51, Sch 4 [3].

Sec 85

Am 1994 No 54, Sch 3 (1); 1996 No 122, Schs 3 [14], 5 [9]; 1998 No 48, Sch 2.9 [7]; 1998 No 161, Sch 4.6 [3]; 2013 No 95, Sch 4.20 [8].

Sec 86

Am 1995 No 40, Sch 3; 1996 No 122, Sch 5 [9] [13] [19]; 1998 No 161, Sch 4.6 [3]; 2013 No 95, Sch 4.20 [9]; 2014 No 24, Sch 1 [69].

Sec 87

Am 1996 No 122, Sch 5 [9]. Rep 2013 No 95, Sch 4.20 [10].

Sec 88

Am 1996 No 122, Sch 5 [9]; 1998 No 161, Sch 4.6 [3]. Rep 2013 No 95, Sch 4.20 [88].

Sec 89

Am 1997 No 147, Sch 2.13 [1]; 1998 No 161, Sch 4.6 [3]. Rep 2013 No 95, Sch 4.20 [12].

Part 5, Div 2, heading

Ins 1998 No 162, Sch 2.4 [4]. Rep 2001 No 51, Sch 4 [4].

Part 5, Div 2

Rep 2001 No 51, Sch 4 [4].

Secs 89A–89C

Ins 1996 No 122, Sch 3 [15]. Subst 1998 No 162, Sch 2.4 [4]. Rep 2001 No 51, Sch 4 [4].

Part 5, Div 3, heading

Ins 1998 No 162, Sch 2.4 [5].

Sec 89D

Ins 1996 No 122, Sch 3 [15]. Am 1998 No 161, Sch 4.6 [3]; 1998 No 162, Sch 2.4 [6]; 2001 No 51, Sch 3 [22]; 2009 No 61, Sch 2 [38].

Part 6, heading

Subst 1996 No 122, Sch 4 [3]; 2004 No 101, Sch 1 [1]; 2014 No 24, Sch 1 [70]. Am 2017 No 28, Sch 1 [10].

Part 6

Subst 1996 No 122, Sch 4 [3].

Part 6, Div 1, heading

Subst 2014 No 24, Sch 1 [71]. Rep 2015 No 19, Sch 13 [2]. Ins 2017 No 28, Sch 1 [11].

Part 6, Div 1

Ins 2004 No 101, Sch 5 [2]. Rep 2015 No 19, Sch 13 [2]. Ins 2017 No 28, Sch 1 [11].

Sec 89E

Ins 2004 No 101, Sch 5 [2]. Am 2014 No 24, Sch 1 [72]. Rep 2015 No 19, Sch 13 [2].

Sec 89F

Ins 2004 No 101, Sch 5 [2]. Am 2014 No 24, Sch 1 [73]–[75]. Rep 2015 No 19, Sch 13 [2].

Sec 89G

Ins 2004 No 101, Sch 5 [2]. Am 2010 No 30, Sch 2 [2]; 2014 No 24, Sch 1 [76] [77]. Rep 2015 No 19, Sch 13 [2].

Sec 90

Am 1990 No 33, Sch 1 (24). Subst 1996 No 122, Sch 4 [3]. Am 2000 No 56, Sch 1 [1]; 2001 No 34, Sch 4.21 [2]; 2002 No 17, Sch 1 [1]; 2004 No 101, Sch 1 [2]; 2006 No 58, Sch 2.22 [2]; 2009 No 61, Sch 2 [55]; 2010 No 30, Sch 2 [3]; 2011 No 52, Sch 1 [16]; 2014 No 24, Sch 1 [78]–[80]; 2017 No 28, Sch 1 [13]; 2022 No 59, Sch 2.21[1].

Sec 91

Subst 1996 No 122, Sch 4 [3]. Am 2009 No 61, Sch 2 [56]; 2017 No 28, Sch 1 [13].

Part 6, Div 2, heading

Ins 2004 No 101, Sch 5 [2]. Am 2017 No 28, Sch 1 [12].

Sec 91A

Ins 2010 No 30, Sch 2 [4]. Am 2014 No 24, Sch 1 [81] [82]. Subst 2015 No 19, Sch 13 [3]. Rep 2017 No 28, Sch 1 [14].

Sec 92

Am 1990 No 33, Sch 1 (25); 1995 No 11, Sch 1.10 [4]. Subst 1996 No 122, Sch 4 [3]. Am 1998 No 56, Sch 1 [3]; 1999 No 26, Sch 1 [9]; 2001 No 51, Schs 6 [1] [2], 8 [24]; 2004 No 101, Sch 4 [1]; 2009 No 61, Sch 2 [57]; 2011 No 52, Sch 1 [17] [18]; 2014 No 24, Sch 1 [83]–[85]; 2017 No 28, Sch 1 [15]; 2018 No 65, Sch 8.4[2].

Sec 92A

Ins 2001 No 51, Sch 6 [4]. Am 2004 No 101, Sch 4 [4].

Sec 92B

Ins 2001 No 51, Sch 6 [4]. Rep 2014 No 24, Sch 1 [86].

Sec 92C

Ins 2010 No 53, Sch 1 [4].

Sec 93

Subst 1996 No 122, Sch 4 [3]. Am 1999 No 26, Sch 1 [10]; 2001 No 51, Schs 6 [5] [6], 8 [25]; 2004 No 101, Sch 4 [1]. Rep 2009 No 61, Sch 2 [58].

Sec 93A

Ins 2001 No 51, Sch 6 [7]. Am 2004 No 101, Sch 4 [4]. Rep 2009 No 61, Sch 2 [58].

Sec 93B

Ins 2001 No 51, Sch 6 [7]. Rep 2009 No 61, Sch 2 [58].

Sec 94

Am 1990 No 33, Sch 1 (26). Subst 1996 No 122, Sch 4 [3]; 1999 No 26, Sch 1 [11]; 2001 No 51, Sch 6 [8]–[10].

Sec 94A

Ins 1999 No 26, Sch 1 [11]. Am 2001 No 51, Sch 6 [11] [12]. Rep 2009 No 61, Sch 2 [58].

Sec 95

Subst 1990 No 33, Sch 1 (27); 1996 No 122, Sch 4 [3]. Am 1999 No 26, Sch 1 [12]; 2001 No 51, Schs 6 [13] [14], 8 [26]; 2002 No 17, Sch 1 [2]; 2004 No 101, Schs 4 [1], 6 [2] [3]; 2006 No 120, Sch 3.11 [2]; 2011 No 52, Sch 1 [19] [20]. Subst 2014 No 24, Sch 1 [87]. Am 2017 No 28, Sch 1 [16].

Sec 96

Subst 1996 No 122, Sch 4 [3]. Am 1997 No 147, Sch 2.13 [2]; 1999 No 26, Sch 1 [13] [14]; 2000 No 56, Sch 1 [2] [3]; 2001 No 51, Schs 6 [15] [16], 8 [27]; 2002 No 17, Sch 1 [2]; 2004 No 101, Schs 4 [1] [3], 6 [4] [5]; 2006 No 120, Sch 3.11 [2]; 2011 No 52, Sch 1 [21] [22]; 2014 No 24, Sch 1 [88]–[90]; 2017 No 28, Sch 1 [15] [17]; 2018 No 65, Sch 8.4[2].

Sec 96A

Ins 2000 No 56, Sch 1 [4]. Am 2001 No 51, Sch 6 [17] [18]; 2002 No 17, Sch 1 [2]; 2004 No 101, Schs 4 [1] [3], 6 [6] [7]; 2006 No 120, Sch 3.11 [2]; 2017 No 28, Sch 1 [18]; 2018 No 65, Sch 8.4[2].

Sec 96B

Ins 2014 No 24, Sch 1 [91].

Sec 97

Subst 1996 No 122, Sch 4 [3]. Am 1999 No 26, Sch 1 [15]–[18]; 2009 No 61, Sch 2 [59]; 2014 No 24, Sch 1 [92]; 2017 No 28, Sch 1 [19].

Sec 98

Am 1990 No 33, Sch 1 (28). Subst 1996 No 122, Sch 4 [3]. Am 1998 No 56, Sch 1 [4].

Part 6, Div 3, heading

Ins 2017 No 28, Sch 1 [20].

Sec 99

Am 1996 No 122, Sch 5 [20]. Subst 1996 No 122, Sch 4 [3]. Am 2000 No 56, Sch 1 [5]; 2002 No 17, Sch 1 [3] [4]; 2008 No 93, Sch 1 [5]; 2009 No 24, Sch 1 [1]; 2010 No 53, Sch 1 [5]; 2014 No 24, Sch 1 [93] [94]; 2017 No 28, Sch 1 [21].

Sec 100

Subst 1996 No 122, Sch 4 [3]. Am 2002 No 17, Sch 1 [5] [6]. Rep 2009 No 61, Sch 2 [60]. Ins 2014 No 24, Sch 1 [95]. Am 2017 No 28, Sch 1 [22].

Sec 101

Am 1990 No 33, Sch 1 (29). Subst 1996 No 122, Sch 4 [3]; 2002 No 17, Sch 1 [7]. Am 2010 No 53, Sch 1 [6]. Subst 2014 No 24, Sch 1 [96].

Sec 101A

Ins 2001 No 51, Sch 6 [19]. Am 2017 No 28, Sch 1 [23].

Sec 102

Subst 1996 No 122, Sch 4 [3]. Am 1998 No 54, Sch 1.11 [1]; 1999 No 31, Sch 1.18; 2009 No 24, Sch 1 [2]; 2010 No 30, Sch 2 [5] [6]; 2011 No 52, Sch 1 [23] [24]; 2017 No 28, Sch 1 [24]–[28].

Sec 102A

Ins 2002 No 17, Sch 1 [8]. Am 2009 No 61, Sch 2 [61]. Rep 2010 No 30, Sch 2 [7]. Ins 2014 No 24, Sch 1 [97]. Am 2015 No 19, Sch 13 [4] [5]; 2017 No 28, Sch 1 [29]–[31].

Sec 103

Subst 1996 No 122, Sch 4 [3].

Sec 103A

Ins 1996 No 122, Sch 4 [3]. Am 2001 No 51, Sch 6 [20] (am 2002 No 17, sec 5); 2004 No 101, Sch 1 [3]–[5]; 2006 No 58, Sch 2.22 [3]. Rep 2010 No 30, Sch 2 [7].

Secs 103AA, 103AB

Ins 2001 No 51, Sch 6 [21]. Rep 2010 No 30, Sch 2 [7].

Sec 103AC

Ins 2001 No 51, Sch 6 [21]. Am 2004 No 101, Sch 1 [6]. Rep 2010 No 30, Sch 2 [7].

Sec 103AD

Ins 2004 No 101, Sch 1 [7]. Rep 2010 No 30, Sch 2 [7].

Sec 103B

Ins 1996 No 122, Sch 4 [3]. Am 2001 No 51, Sch 6 [22] [23]; 2002 No 17, Sch 1 [9] [10]; 2009 No 61, Sch 2 [62]; 2011 No 52, Sch 1 [25] [26]; 2014 No 24, Sch 1 [98] [99]; 2017 No 28, Sch 1 [32]–[34].

Sec 103BA

Ins 2009 No 24, Sch 1 [3]. Subst 2011 No 52, Sch 1 [27]. Am 2014 No 24, Sch 1 [100]; 2017 No 28, Sch 1 [2].

Sec 103BB

Ins 2011 No 52, Sch 1 [27]. Am 2014 No 24, Sch 1 [101] [102]; 2017 No 28, Sch 1 [35]–[37].

Sec 103BC

Ins 2011 No 52, Sch 1 [27]. Am 2014 No 24, Sch 1 [103]; 2017 No 28, Sch 1 [38] [39].

Secs 103BD–103BG

Ins 2017 No 28, Sch 1 [40].

Sec 103C

Ins 1996 No 122, Sch 4 [3]. Am 2000 No 56, Sch 1 [6] [7]; 2009 No 24, Sch 1 [4]; 2017 No 28, Sch 1 [41] [42].

Sec 103D

Ins 1996 No 122, Sch 4 [3].

Sec 103E

Ins 1996 No 122, Sch 4 [3]. Am 1998 No 47, Sch 2.2. Subst 2017 No 28, Sch 1 [43].

Sec 103EA

Ins 2004 No 101, Sch 1 [8]. Am 2014 No 24, Sch 1 [104]; 2017 No 28, Sch 1 [44].

Sec 103EB

Ins 2017 No 28, Sch 1 [45].

Part 6, Div 4 (secs 103EC–103EE)

Ins 2017 No 28, Sch 1 [46].

Part 6, Div 5

Ins 2017 No 28, Sch 1 [46].

Sec 103EF

Ins 2017 No 28, Sch 1 [46]. Am 2018 No 70, Sch 3.32 [1].

Sec 103EG

Ins 2017 No 28, Sch 1 [46].

Part 6A

Ins 2001 No 41, Sch 2 [1].

Part 6A, Div 1

Ins 2001 No 41, Sch 2 [1].

Sec 103F

Ins 2001 No 41, Sch 2 [1]. Am 2010 No 30, Sch 2 [8]; 2011 No 52, Sch 1 [28]; 2016 No 55, Sch 1.13 [1]; 2017 No 28, Sch 1 [47]; 2024 No 53, Sch 2.2[1] [2].

Secs 103G, 103H

Ins 2001 No 41, Sch 2 [1].

Part 6A, Div 2

Ins 2001 No 41, Sch 2 [1].

Sec 103I

Ins 2001 No 41, Sch 2 [1]. Am 2024 No 53, Sch 2.2[3].

Sec 103J

Ins 2001 No 41, Sch 2 [1]. Am 2017 No 28, Sch 1 [48]; 2024 No 53, Sch 2.2[4].

Sec 103K

Ins 2001 No 41, Sch 2 [1]. Am 2017 No 28, Sch 1 [48] [49]; 2024 No 53, Sch 2.2[4] [5].

Sec 103L

Ins 2001 No 41, Sch 2 [1]. Am 2017 No 28, Sch 1 [48]–[50]; 2024 No 53, Sch 2.2[4].

Sec 103M

Ins 2001 No 41, Sch 2 [1]. Am 2002 No 17, Sch 3.1 [3]; 2017 No 28, Sch 1 [48] [49]; 2024 No 53, Sch 2.2[4] [5].

Sec 103N

Ins 2001 No 41, Sch 2 [1]. Am 2009 No 61, Sch 2 [63] [64]; 2017 No 28, Sch 1 [49]–[51]; 2024 No 53, Sch 2.2[4]–[6].

Sec 103O

Ins 2001 No 41, Sch 2 [1].

Sec 103OA

Ins 2017 No 28, Sch 1 [52]. Am 2018 No 70, Sch 3.32 [2].

Sec 103OB

Ins 2017 No 28, Sch 1 [52].

Part 6A, Div 3, heading

Ins 2001 No 41, Sch 2 [1]. Am 2017 No 28, Sch 1 [53].

Part 6A, Div 3

Ins 2001 No 41, Sch 2 [1]. Rep 2024 No 53, Sch 2.2[7].

Sec 103P

Ins 2001 No 41, Sch 2 [1]. Am 2002 No 17, Sch 1 [11]–[13]; 2010 No 30, Sch 2 [9] [10]; 2018 No 70, Sch 3.32 [3]. Rep 2024 No 53, Sch 2.2[7].

Sec 103Q

Ins 2001 No 41, Sch 2 [1]. Am 2016 No 55, Sch 1.13 [2]. Rep 2024 No 53, Sch 2.2[7].

Secs 103R

Ins 2001 No 41, Sch 2 [1]. Am 2016 No 55, Sch 1.13 [3]–[5]; 2018 No 70, Sch 4.52. Rep 2024 No 53, Sch 2.2[7].

Part 3, Div 4, heading

Ins 2017 No 28, Sch 1 [54].

Sec 103S

Ins 2001 No 41, Sch 2 [1]. Am 2002 No 17, Sch 1 [14]; 2017 No 28, Sch 1 [48] [55] [56]; 2024 No 53, Sch 2.2[4]–[6] [8]–[10].

Sec 103T

Ins 2001 No 41, Sch 2 [1]. Am 2014 No 24, Sch 1 [105]; 2016 No 55, Sch 1.13 [6].

Sec 103U

Ins 2001 No 41, Sch 2 [1]. Am 2017 No 28, Sch 1 [56]; 2024 No 53, Sch 2.2[5] [6].

Sec 103V

Ins 2001 No 41, Sch 2 [1]. Am 2017 No 28, Sch 1 [48] [49] [57] [58]; 2024 No 53, Sch 2.2[4].

Sec 103W

Ins 2001 No 41, Sch 2 [1]. Am 2017 No 28, Sch 1 [49]; 2024 No 53, Sch 2.2[4] [6].

Sec 103X

Ins 2001 No 41, Sch 2 [1]. Am 2017 No 28, Sch 1 [48] [49]; 2024 No 53, Sch 2.2[4] [6].

Sec 103Y

Ins 2001 No 41, Sch 2 [1].

Sec 103Z

Ins 2001 No 41, Sch 2 [1]. Am 2006 No 120, Sch 3.11 [4]; 2017 No 28, Sch 1 [49]; 2024 No 53, Sch 2.2[4] [6].

Sec 103ZA

Ins 2001 No 41, Sch 2 [1]. Am 2024 No 53, Sch 2.2[6].

Sec 103ZB

Ins 2001 No 41, Sch 2 [1]. Am 2017 No 28, Sch 1 [49] [50] [59]; 2024 No 53, Sch 2.2[4].

Sec 103ZC

Ins 2016 No 55, Sch 1.13 [7]. Rep 2024 No 53, Sch 2.2[11].

Part 6B

Ins 2017 No 28, Sch 1 [60].

Sec 104

Rep 1994 No 54, Sch 4 (1). Ins 2017 No 28, Sch 1 [60].

Sec 104A

Ins 2017 No 28, Sch 1 [60].

Sec 104B

Ins 2017 No 28, Sch 1 [60]. Am 2018 No 65, Sch 8.4[2].

Secs 104C–104E

Ins 2017 No 28, Sch 1 [60].

Part 6C (secs 105–105ZB

Ins 2017 No 28, Sch 1 [61].

Part 6C, Div 1

Ins 2017 No 28, Sch 1 [61].

Sec 105

Am 1990 No 33, Sch 1 (30). Subst 1996 No 122, Sch 5 [22]. Am 2001 No 51, Sch 4 [5]. Rep 2017 No 28, Sch 1 [63]. Ins 2017 No 28, Sch 1 [61].

Secs 105A–105R

Ins 2017 No 28, Sch 1 [61].

Part 6C, Div 2 (secs 105S–105ZB

Ins 2017 No 28, Sch 1 [61].

Part 7, heading

Subst 1996 No 122, Sch 5 [21]; 2017 No 28, Sch 1 [62].

Sec 106

Subst 1996 No 122, Sch 5 [22].

Sec 107

Rep 1994 No 54, Sch 4 (2). Ins 1996 No 122, Sch 5 [22]. Rep 2017 No 28, Sch 1 [63].

Sec 108

Rep 1994 No 54, Sch 4 (3). Ins 1996 No 122, Sch 5 [22]. Rep 2017 No 28, Sch 1 [63].

Sec 109

Subst 1994 No 54, Sch 4 (4); 1996 No 122, Sch 5 [22]. Rep 2017 No 28, Sch 1 [63].

Sec 110

Subst 1994 No 54, Sch 4 (5); 1996 No 122, Sch 5 [22]. Rep 2017 No 28, Sch 1 [63].

Sec 111

Am 1995 No 36, Sch 6. Subst 1996 No 122, Sch 5 [22]. Rep 2017 No 28, Sch 1 [63].

Sec 112

Am 1994 No 54, Sch 4 (6). Subst 1996 No 122, Sch 5 [22]. Am 1998 No 161, Sch 4.6 [3] [4]; 2001 No 51, Sch 4 [6] [7]. Rep 2017 No 28, Sch 1 [63].

Sec 112A

Ins 1997 No 82, Sch 3 [2]. Rep 2017 No 28, Sch 1 [63].

Sec 113

Am 1993 No 92, Sch 2; 1994 No 54, Sch 6 (1); 1996 No 24, Sch 1. Subst 1996 No 122, Sch 5 [22]. Am 1997 No 82, Sch 3 [3] [4]. Rep 2017 No 28, Sch 1 [63].

Sec 114

Am 1990 No 33, Sch 1 (31); 1996 No 24, Sch 1. Rep 1996 No 122, Sch 5 [22]. Ins 2001 No 51, Sch 7 [1]. Am 2009 No 61, Sch 2 [65]; 2014 No 24, Sch 1 [106]; 2017 No 22, Sch 4.24; 2018 No 70, Sch 3.32 [4]; 2022 No 59, Sch 3.36; 2024 No 53, Sch 3.6[1].

Sec 115

Am 1996 No 122, Sch 5 [23]; 1998 No 54, Sch 1.11 [2]; 2001 No 51, Sch 7 [2] [3].

Part 7A

Ins 1994 No 54, Sch 5 (2). Rep 1997 No 82, Sch 3 [5].

Sec 115A

Ins 1994 No 54, Sch 5 (2). Am 1996 No 122, Sch 5 [24]. Rep 1997 No 82, Sch 3 [5]. Ins 2021 No 32, Sch 1.5[3].

Part 7B

Ins 2004 No 101, Sch 5 [3]. Rep 2018 No 65, Sch 6.3 [1].

Sec 115B

Ins 1994 No 54, Sch 5 (2). Am 1996 No 122, Sch 5 [25]. Rep 1997 No 82, Sch 3 [5]. Ins 2004 No 101, Sch 5 [3]. Rep 2018 No 65, Sch 6.3 [1].

Sec 115C

Ins 1994 No 54, Sch 5 (2). Am 1996 No 122, Sch 5 [26]. Rep 1997 No 82, Sch 3 [5]. Ins 2004 No 101, Sch 5 [3]. Am 2014 No 24, Sch 1 [107]; 2015 No 19, Sch 13 [6]. Rep 2018 No 65, Sch 6.3 [1].

Sec 115D

Ins 1994 No 54, Sch 5 (2). Rep 1997 No 82, Sch 3 [5]. Ins 2004 No 101, Sch 5 [3]. Am 2005 No 64, Sch 2.24; 2006 No 120, Sch 3.11 [5]; 2014 No 24, Sch 1 [108]–[110]; 2015 No 19, Sch 13 [7]. Rep 2018 No 65, Sch 6.3 [1].

Secs 116, 117

Am 1996 No 122, Sch 5 [9].

Sec 118

Am 1996 No 122, Sch 5 [9] [10].

Sec 119

Am 1996 No 122, Sch 5 [9] [27]; 2014 No 24, Sch 1 [111]; 2017 No 22, Sch 4.24; 2022 No 59, Sch 3.36; 2024 No 53, Sch 3.6[1].

Part 8, Div 1A

Ins 2015 No 47, Sch 1.

Sec 119A

Ins 2015 No 47, Sch 1. Am 2017 No 63, Sch 1.10.

Sec 119B

Ins 2015 No 47, Sch 1.

Sec 119C

Ins 2015 No 47, Sch 1. Am 2018 No 25, Sch 5.21.

Sec 120

Am 1996 No 122, Sch 5 [9] [13]; 2001 No 51, Schs 1 [17], 3 [23]; 2002 No 28, Sch 4.6 [22]; 2003 No 40, Sch 1.19 [1] [2]; 2004 No 101, Sch 6 [8]; 2008 No 93, Sch 1 [6]; 2009 No 61, Sch 2 [66]–[68]; 2014 No 24, Sch 1 [112].

Sec 121

Am 1996 No 122, Sch 5 [28] [29]; 2001 No 51, Sch 8 [28]; 2004 No 101, Sch 1 [9].

Sec 121A

Ins 2004 No 101, Sch 1 [10]. Am 2017 No 28, Sch 1 [64]–[68].

Sec 121B

Ins 2011 No 52, Sch 1 [29]. Am 2017 No 28, Sch 1 [69]–[71]; 2023 No 44, Sch 5.2[1] [2].

Sec 121C

Ins 2017 No 28, Sch 1 [72].

Sec 122

Am 1994 No 54, Sch 4 (7). Subst 1996 No 122, Sch 5 [30].

Sec 123

Am 1996 No 122, Sch 5 [9] [31]; 1998 No 120, Sch 1.22 [5]; 2004 No 101, Sch 6 [9] [10]; 2014 No 24, Sch 1 [113] [114]; 2018 No 65, Sch 7.9 [1] [2].

Sec 123A

Ins 2017 No 28, Sch 1 [73]. Am 2024 No 53, Sch 2.2[12].

Sec 124

Am 1996 No 122, Sch 5 [9]; 2017 No 28, Sch 1 [74]; 2024 No 53, Sch 2.2[13].

Sec 125

Subst 1996 No 122, Sch 5 [32]. Rep 2017 No 28, Sch 1 [63].

Sec 126

Am 1991 No 92, Sch 2; 1996 No 122, Sch 5 [9]; 1998 No 120, Sch 1.22 [6]; 2002 No 103, Sch 4.46 [1] [2] [4]; 2002 No 134, Sch 2.1 [18]; 2017 No 28, Sch 1 [75] [76]; 2020 No 25, Sch 2.4[1]; 2023 No 44, Sch 1[14].

Sec 126A

Ins 2020 No 25, Sch 2.4[2].

Sec 127

Am 1996 No 122, Schs 2 [5] [6], 5 [9]; 1998 No 120, Sch 1.22 [7]; 2001 No 51, Schs 3 [24], 8 [29]; 2004 No 101, Schs 2 [27]–[29], 4 [1]; 2009 No 61, Sch 2 [45] [67]; 2015 No 15, Sch 1.16 [1] [2]; 2017 No 25, Sch 1.19 [1] [2]; 2017 No 28, Sch 1 [77]–[79].

Sec 127A

Ins 2004 No 101, Sch 4 [9]. Am 2014 No 24, Sch 1 [115]; 2015 No 15, Sch 1.16 [3] [4]; 2017 No 28, Sch 1 [80].

Sec 128

Am 1996 No 122, Sch 5 [33]; 2001 No 51, Sch 8 [30]; 2004 No 101, Sch 4 [3]; 2014 No 24, Sch 1 [116] [117]; 2017 No 22, Sch 4.24; 2022 No 59, Sch 3.36; 2024 No 53, Sch 3.6[1].

Sec 129

Rep 1996 No 122, Sch 5 [34]. Ins 2023 No 44, Sch 1[15].

Sec 130

Am 1994 No 54, Sch 4 (8). Rep 1996 No 122, Sch 5 [35]. Ins 2023 No 44, Sch 1[15].

Sec 130A

Ins 2023 No 44, Sch 1[15].

Sec 131

Am 1990 No 33, Sch 1 (32); 1996 No 122, Schs 4 [4], 5 [9] [13] [36]; 1999 No 26, Sch 1 [19]; 2001 No 51, Sch 3 [25] [26]; 2002 No 28, Sch 4.6 [23] [24]; 2004 No 55, Sch 2.17 [3]; 2009 No 61, Sch 2 [67] [69] [70]; 2014 No 24, Sch 1 [118]; 2017 No 22, Sch 4.24; 2017 No 28, Sch 1 [81]; 2022 No 59, Sch 3.36; 2024 No 53, Schs 2.2[14], 3.6[1].

Sec 133

Am 1998 No 54, Sch 1.11 [3]–[5]; 2001 No 51, Sch 3 [13]; 2009 No 61, Sch 2 [38] [71] [72]; 2017 No 63, Sch 2.5.

Sec 135

Am 1991 No 53, Sch 1; 1994 No 88, Sch 7; 1995 No 11, Sch 1.10 [5]; 1996 No 38, Sch 1.1; 1996 No 122, Sch 5 [37]; 2001 No 51, Sch 7 [4]–[7]; 2003 No 38, Sch 2.11; 2004 No 4, Sch 4.9 [2]; 2011 No 59, Sch 2.1 [3]; 2017 No 15, Sch 2.9 [1].

Sec 137

Am 2011 No 2, Sch 1.15; 2014 No 24, Sch 1 [119]; 2017 No 28, Sch 1 [82].

Sec 137A

Ins 2014 No 24, Sch 1 [120].

Sec 138

Am 1996 No 122, Sch 5 [38]; 2001 No 51, Sch 7 [8]; 2021 No 32, Sch 1.5[4].

Sec 138A

Ins 1999 No 26, Sch 1 [20]. Am 2002 No 134, Sch 2.1 [19]. Subst 2017 No 22, Sch 3.34. Am 2017 No 28, Sch 1 [83]

Sec 139

Am 1996 No 122, Sch 5 [9]; 2001 No 51, Sch 7 [9]; 2004 No 101, Sch 4 [10]; 2007 No 94, Sch 2.

Sec 139A

Ins 2023 No 44, Sch 1[16].

Sec 140

Am 1990 No 33, Sch 1 (33); 1994 No 54, Sch 5 (3); 1996 No 122, Sch 5 [9]; 1997 No 82, Sch 3 [6]; 1999 No 26, Sch 1 [21]; 2001 No 51, Schs 3 [13] [27]–[30], 7 [10], 8 [31]; 2004 No 101, Sch 4 [11]; 2009 No 61, Sch 2 [38] [66] [73]–[76]; 2020 No 3, Sch 1.15[1]; 2020 No 17, Sch 2[5]; 2021 No 32, Sch 1.5[5].

Sec 141

Rep 2014 No 24, Sch 1 [121].

Sec 143

Rep 1999 No 85, Sch 4.

Sec 144

Ins 1994 No 54, Sch 4 (9). Am 1996 No 122, Sch 5 [39]–[41]. Subst 2014 No 24, Sch 1 [122]; 2015 No 19, Sch 13 [8]. Am 2018 No 65, Sch 6.3 [2].

Sec 145

Ins 2001 No 51, Sch 7 [11]. Am 2002 No 134, Sch 2.1 [20].

Sch 1

Ins 2014 No 24, Sch 1 [125]. Am 2015 No 19, Sch 13 [9] [10]; 2017 No 15, Sch 2.9 [2]; 2017 No 28, Sch 1 [84] [85]; 2018 No 63, Sch 2[2]; 2018 No 65, Sch 6.3 [3]; 2020 No 17, Sch 2[6] [7]; 2022 No 41, Sch 3; 2022 No 59, Schs 2.21[3], 3.36; 2024 No 53, Schs 2.2[15], 3.6[2] [3].

Sch 2

Rep 1994 No 54, Sch 4 (11). Ins 2014 No 24, Sch 1 [126]. Am 2018 No 63, Sch 2[3] [4].

Sch 2A

Ins 1994 No 54, Sch 5 (4). Am 1996 No 122, Sch 5 [42]. Rep 1997 No 82, Sch 3 [7].

Sch 3

Subst 2014 No 24, Sch 1 [126].

Sch 4

Am 1990 No 108, Sch 2; 1994 No 54, Schs 1 (5), 2 (15), 3 (2), 4 (12), 5 (5), 6 (2); 1995 No 16, Sch 4.1; 1996 No 122, Sch 5 [43]–[45]; 1997 No 82, Sch 3 [8]; 1998 No 56, Sch 1 [5] [6]; 1999 No 26, Sch 1 [22] [23]; 2000 No 56, Sch 1 [8] [9]; 2001 No 41, Sch 2 [2] [3]; 2001 No 51, Sch 9 [1] [2]; 2002 No 17, Sch 1 [15] [16]; 2002 No 134, Sch 2.1 [21] [22]; 2004 No 101, Sch 7 [1] [2]; 2006 No 102, Sch 1 [4] [5]; 2008 No 93, Sch 1 [7] [8]; 2009 No 24, Sch 1 [5]–[7]; 2009 No 56, Sch 2.24; 2009 No 61, Sch 2 [77] [78]; 2010 No 30, Sch 2 [11] [12]; 2010 No 53, Sch 1 [7] [8]; 2011 No 52, Sch 1 [30] [31]; 2011 No 59, Sch 2.1 [4]; 2012 No 42, Sch 1.16 [6]; 2014 No 24, Sch 1 [127] [128]; 2015 No 15, Sch 1.16 [5]; 2015 No 19, Sch 13 [11]; 2016 No 27, Sch 1.13; 2017 No 28, Sch 1 [86]; 2018 No 63, Sch 2[5]; 2018 No 65, Sch 6.3 [4]; 2020 No 3, Sch 1.15[2]; 2020 No 17, Sch 2[8]; 2021 No 5, Sch 1.15[2]; 2021 No 21, Sch 3[5]; 2022 No 13, sec 3; 2022 No 41, Sch 4[3] [4]; 2024 No 53, Sch 2.2[16] [17].

Sch 5 (previously Sch 1)

Rep 1994 No 54, Sch 4 (10). Ins 2004 No 101, Sch 5 [4]. Am 2007 No 82, Sch 1.13. Renumbered 2014 No 24, Sch 1 [123]. Am 2014 No 24, Sch 1 [124]; 2015 No 15, Sch 3.35; 2015 No 19, Sch 13 [12]–[18]. Rep 2018 No 65, Sch 6.3 [5].

Sch 5 (as originally enacted)

Rep 1999 No 85, Sch 4.

The whole Act (except in the heading to Div 1 of Part 3, sec 20 (1) (a), the heading to sec 42 and in Sch 4)

Am 2001 No 51, Sch 3 [4] (“licence”, “Licence” or “licences” omitted wherever occurring, “contractor licence”, “Contractor licence” or “contractor licences” inserted instead, respectively).

The whole Act

Am 2002 No 28, Sch 4.6 [1] (“endorsed licence”, “a permit”, “registration certificate” and “registration certificates” omitted wherever occurring, “endorsed contractor licence”, “an owner-builder permit”, “tradesperson certificate” and “tradesperson certificates” inserted instead, respectively).

The whole Act

Am 2002 No 28, Sch 4.29 [1] (“electrical work” omitted wherever occurring, “electrical wiring work” inserted instead).

The whole Act (except Sch 4)

Am 2014 No 24, Sch 1 [129] (“Director-General” and “Director-General’s” omitted wherever occurring, “Chief Executive” and “Chief Executive’s” inserted instead, respectively); 2015 No 19, Sch 13 [1] (“Chief Executive” and “Chief Executive’s” omitted wherever occurring, “Secretary” and “Secretary’s” inserted instead, respectively).

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