An Act to amend the Home Building Act 1989 to clarify the obligations and entitlements of certain developers and other persons in respect of insurance required under the Act for residential building work; and for other purposes.
This Act is the Home Building Amendment Act 2000.
Except as provided by subsection (2), this Act commences on a day or days to be appointed by proclamation.
Schedule 1 [5]–[9], and so much of section 3 as relates to those items, are taken to have commenced on the day on which the Bill for this Act was first introduced into Parliament (whether or not the Act was enacted in the form of the Bill as introduced).
The Home Building Act 1989 is amended as set out in Schedule 1.
(Section 3)
Insert in alphabetical order:
Insert at the end of section 96 (1):
Maximum penalty: 100 penalty units.
Omit the subsection.
Insert after section 96:
A developer must not enter into a contract for the sale of land on which residential building work has been done, or is to be done, on the developer’s behalf unless a certificate of insurance evidencing the contract of insurance required under section 92 by the person who did or does the work for the developer, in a form prescribed by the regulations, is attached to the contract for sale.
Maximum penalty: 100 penalty units.
Despite anything to the contrary in section 3A, a reference in this Part to a person who does residential building work:
(a) does not include a reference to a developer, and
(b) includes a reference to a person who does the work on behalf of a developer.
Insert at the end of the section:
Subsection (1) does not require the following to be insured:
(a) a developer on whose behalf residential building work is being done,
(b) any other person belonging to a class of persons prescribed by the regulations for the purposes of this section.
Omit section 103C (2) (b). Insert instead:
beneficiaries who must be insured, or persons who are not required to be insured, under a contract of insurance required to be entered into under this Part,
Insert after section 103C (2):
A provision of a regulation for or with respect to a matter referred to in subsection (2) (b) applies…