An Act to amend the Home Building Act 1989 to make further provision with respect to the suspension of building licences, the taking of disciplinary action and the requirements for home warranty insurance.
This Act is the Home Building Amendment Act 2008.
This Act commences on 1 April 2009.
The Home Building Act 1989 is amended as set out in Schedule 1.
This Act is repealed on the day following the day on which this Act commences.
The repeal of this Act does not, because of the operation of section 30 of the Interpretation Act 1987, affect any amendment made by this Act.
(Section 3)
Omit section 18E (2). Insert instead:
The fact that a person entitled to the benefit of a statutory warranty specified in paragraph (a), (b), (c), (e) or (f) of section 18B has enforced the warranty in relation to a particular deficiency in the work does not prevent the person from enforcing the same warranty for a deficiency of a different kind in the work (
(a) the other deficiency was in existence when the work to which the warranty relates was completed, and
(b) the person did not know, and could not reasonably be expected to have known, of the existence of the other deficiency when the warranty was previously enforced, and
(c) the proceedings to enforce the warranty in relation to the other deficiency are brought within the period referred to in subsection (1).
Insert after section 42:
In this section:
(a) a contractor licence (whether or not an endorsed contractor licence), or
(b) a building consultancy licence.
If the holder of a licence fails to comply with an order of a court or the Tribunal to pay an amount of money in respect of a building claim by the due date, the licence is, subject to this section, suspended until such time as the Director-General is satisfied that the order has been complied with.
For the purposes of this section, the
(a) the end of the time limit specified in the order for payment, or
(b) if no such time limit is specified in the order—the end of the period determined by the Director-General.
The suspension of the licence takes effect:
(a) 28 days after the due date for payment,…