Home Building Contracts Amendment Regulations 2012 (WA)

1888 GOVERNMENT GAZETTE. WA 8 MTny 2012

COMMERCE

C1%1301-^

Home Buildin g, Contracts Act 1991

Home Building Contracts Amendment

Regulations 2012

Made by the Governor in Executive Council.

1.             Citation

These regulations are the Home Building Contracts Amendment

Regulations 2012.

2.             Commencement

These regulations conic into operation as follows -

(a) regulations I and 2 on the day on which these

regulations are published in the Gazette;

(b) the rest of the regulations can the day after that day.

3.              Regulations amended

These regulations amend the Hone Building Contracts

Regidations 1992.

4.              Schedule 1 amended

(b)	in the final clause under the heading "Home indemnity insurance" delete "Either the Builders' Registration Board or the Department of Consumcr and Employment Protection and insert:
The Building Commission staff

In Schedule I under the heading "NOTICE FOR THE HOME
OWNER":

(a) in the fourth clause under the heading "What the Act covers" delete "Disputes Tribunal" and insert:

Corn n,issioncr

S MTV v 2012 CTOVERNITENT CT:1ZETTE, WA 1 889

(c) in the third] clause under the heading "Special rules for cost plus cont racts" delete the passage that begins with "apply to the Building Disputes Tribunal"" and ends with "failing to rectify" and insert:

make a complaint to the Building Commissioner about

(d) in the fcbur-th clause under the headin g, "Special rules for cost plus contracts" delete the passage that begins ith "successive" and ends with "Act" and insert:

subsequent owner against fin,anci,iI loss where an order is

made against the builder

(e)	in the final clause under the head in "Provisions that are not allowed" delete "refer the natter to the Building
Disputes Tribunal "" and insert:

mate a complaint to the Building Commissioner

(f) in the final clause under the headin g; "Contract price must be fixed" delete "apply to the Building Disputes Tribunal within this period to assess whether the price rise is justified." and insert:

make a complaint to the Building Commissioner within this

period.

(g) in clause 3 under the heading "Varying the contract"" delete "apply to the Building Disputes Tribunal," and insert:

make a complaint to the Ruilding Commissioner,

(h) under the heading "Where approvals are delayed" delete "building licence" (each occurrence) and insert:

building permit

(i)      under the heading "Where approvals are delayed" in the Table delete subparagraph (iii) and insert:

(iii)     you may, within 11l w orLinodays

after receiving the notice, make a complaint about the matter to the Building Commissioner.

1890 GOVERNMENT GAZETTE. WA 8 MMIiiv 2012

(j) I n the second clause under the heading ``Ternrination of contract(' delete "the Building Disputes Tribunal can make" and insert:

you may make a complaint to the Building Commissioner

claiming

(k) delete the entire passage from the heading "Disputes" to the end of the notice and insert:

Disputes

Contracts generally

You can make a complaint to the Building Commissioner under the

Act 2011 if there is a dispute between y ou and a builder about a	Ru//ding Sen ices (Coen1lluini Resolution and .lchninistration)
contract that falls within the Act. Such a complaint to the entitled to take legal action.
There are monetary 1 i m its on orders that can be made under that Act. The limits are $100 000 if an order is made bG the Building Commissioner and $500 000 if the order is made by the State Administrati\c Tribunal following a referral by the Building Commissioner.
2. Standard of services
You can make a complaint to the Building Commissioner under the
Building Services (Compluii,l Resolution and Administration) Act 2011 ,about certain building services not being carried out in a
proper and proficient manner or being faulty or unsatisfactory.
SLuC11 a complaint to the Commissioner must be made within 6 years
front the time the building sere ice is completed. The building service is completed —

(a) if the building service is carried out under a building perm it. when a notice of cessation or a notice of completion in relation to the permit has been given to the relevant permit authority:

8 MTV v 2012 CTO\TERNITENT CT:1ZETTE , WA 1 891

3.         Procedure

Before you make a complaint to the Building Commissioner about a contract that falls w ith in this Act, written notice that you propose to make a complaint must be given to the other party together with a

description of the remedy that you propose to seek and the evidence
on which y ou propose to rely. You must pros ide a cop y of that notice

to the F3uiIding Commissioner at the time of making a complaint.

Advice on how to make a complaint to the Building Commissioner
and relate([ matters may be obtained from Building Commission staff
or from the HUilding Commission's websitc at

Idingcomlrl ission.wa.gov.au .

By Command of the Governor,

R. KENNEDY, Clerk of the Executive Council.

ENVIRONMENT

E 301*

Env ii onmental 1'i c y tection Act 1986

Environmental Protection (Abattoirs)

Amendment Regulations 2012

Made by the Governor in Executive Council.

1.             Citation

These regulations are the Environmental Protection (Abattoirs)
Amendment Regulcrlions 2012.

2.              Coni niencement

These regulations come into operation as follows

(a)	regulations 1 and 2 — on the day on hich these regulations are published in the Gazette;
(b)	the rest of the regulations on the day after that day.