Home Building Amendment (Exemption) Regulation 2012 (NSW)

2012 No 363

New South Wales

Home Building Amendment

(Exemption) Regulation 2012

under the

Home Building Act 1989

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Home Building Act 1989.

ANTHONY ROBERTS, MP

Minister for Fair Trading

Explanatory note
The object of this Regulation is to make it clear that the Crown is exempt from certain requirements of the Home Building Act 1989 and the Home Building Regulation 2004 in respect of community housing or public housing projects that were undertaken by companies that have since been placed into administration.

This Regulation is made under the Home Building Act 1989, including section 140 (the general regulation-making power).

Published LW 10 August 2012	Page 1
2012 No 363
Clause 1	Home Building Amendment (Exemption) Regulation 2012

Home Building Amendment (Exemption) Regulation

2012

under the

Home Building Act 1989

1      Name of Regulation

This Regulation is the Home Building Amendment (Exemption)
Regulation 2012.

2      Commencement

This Regulation commences on the day on which it is published on the
NSW legislation website.

3 Amendment of Home Building Regulation 2004

Clause 90

Insert after clause 89:

90      Crown exemption

(1)	The Crown (including any statutory body representing the Crown) is exempt from the requirements of the Act and this Regulation, but only in respect of a project for the construction of community housing or public housing that is or was the subject of a contract with a body corporate that has become an externally-administered body corporate.
(2)	Subclause (1) does not apply to the requirements of section 14 of the Act and of section 136 of the Act in their application to contraventions concerning electrical wiring work.
(3)	In this clause: community housing means housing for people on a very low, low or moderate income or people with additional needs. externally-administered body corporate has the same meaning as in the Corporations Act 2001 of the Commonwealth.

2012 No 363

Home Building Amendment (Exemption) Regulation 2012 Clause 3

public housing has the same meaning as in the Housing
Act 2001.