An Act to amend the Home Building Act 1989 in connection with the statutory review of that Act; and for other purposes.
This Act is the Home Building Amendment Act 2014.
This Act commences on a day or days to be appointed by proclamation.
(Repealed)
Omit “sections 7, 7AAA, 7A and 7B” wherever occurring in section 6 (2).
Insert instead “sections 7, 7AAA, 7AA, 7B and 7BA”.
Insert before section 7 (1A):
Section 7AAA applies to contracts for small jobs.
Insert at the end of section 7 (2) (g):
, and
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
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
any other matter prescribed by the regulations for inclusion in the contract.
Insert after section 7 (7):
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.
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.
Insert after section 7AAA (4):
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.
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.
Omit section 7AA (1A). Insert instead:
This section applies only to contracts to which section 7 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.
Omit the subsection.