Home Building Contracts (Home Indemnity Insurance Exemptions) Amendment Regulations 2012 (WA)

11 \Tav 2012 CTO\TERN\TEl\T CT:1ZETTE , WA 2059

PART 1

COMMERCE

CM30F'

Home BuiIclint Conti'ucts Act 1991

Home Building Contracts (Home Indemnity

Insurance Exemptions) Amendment

Regulations 2012

Made by the Governor in Executive Council.

1.             Citation

These regulations are the Home Building Contracts (Home
Indenmity Insurance Exemptions) Amendment
Regulations 2012.

2.             Commencement

These regulations come into operation as follows

(a) regulations I 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.

Building Codes Board;

3.              Regulations amended

These regulations amend the Home Building Contracts (Howe
Indemnity Insurance Exempt ions) Regulations 2002.

4.             Regulation 3 amended

(1)	In regulation 3(1) delete the definitions of:
BirildJin Code (?f Aarstratia
huilllin o licence
(2)	In regulation 3(]) insert in zn1ip17L1hetical order:

Burildiiig C'otle gfAarstnilia means the Building Code

of Australiawhich • is volumes I and 2- as amended

from time to time. of the National Construction Code
series published by, or on behalf - of, the Australian

20 0 GOVERNMENT GAZETTE. W:1 11 May 2012

Housrn Aitt orhl y means the Housing !luthonit^

referred to in the Housing Act 1980 section 6(4);

5. Regulation 4 amended
In regulation 4(1):

(a) delete "licence is to be issued after these regulations commence" and insert:

permit is to he granted

(b) in paragraph (a) delete "licence is to be issued; and" and

insert:

permit is to he granted; and

Note:	The heading to amended regulation 4 is to read:
Exemption from Part 3A of the Act — contracts entered into before building permit granted

6. Regulation S amended
In regulation 5:

(a) delete "licence is to be issued after these regulations commence" and insert:

permit is to he granted

(b) in paragraph (a) delete "licence is to be issued."" and insert:

permit is to he granted..

Note:	The heading to amended regulation 5 is to read:
Exemption from Part 3A of the Act — no contracts entered into at the time building permit granted

7.             Reguhution 6 amended

(1) Before regulation 6(1) insert:

(IA) In this regulation

commencement flay means the day on ss hich the

Building Act 2011 section 20 comes into operation;

former exemption means an exemption from Part 3A

of the Act under regulation 4 or 5 as in force
immediatel y before commencement day.

11 \Tav 2012 CTO\TERN\TENT CT:1ZETTE, WA 2001

(2)	In regulation 6(1) delete "licence for the huildin work is issued" and insert:
permit for the building work is granted.
(3)	After regulation 6(1) insert:

(2A) A former exemption of particular residential building

work ceases if, before entering into a building contract or sale contract in respect of the build in work• after a building licence for the buildingwork was issued. the builder does not give a notice in the form set out in •

Schedule I Form I to the other party to the contract.

(4)	In regulation 6(2) after `'suhregulation (1)" (each occurrence) insert:
or (2A)
(5)	In regulation 6(4)(a) after "suhreulation (1)" insert:
or (2A)
Note:  The heading to amended regulation 6 is to read:

Exemption from Part 3A of the Act — contracts entered into after building licence issued or building permit granted

8.	Regulation 7 .a mended In regulation 7(1) delete "6(1)" and insert:
6(1). (2A)
9.	Regulation 7A amended In regulation 7A(1 ) delete "6(1)" and insert:

6(1). (2A)

10.            Reguhution 9 amended

(1)	In regulation 9(1)(b)(ii) delete "local government that is to issue the building licence." and insert:
permit authority that is to grant the building permit.

20 2 GOVERNMENT GAZETTE. W:1 11 May 2012

(2) In ieulation 9(3) delete "local ,over nment" and insert:

permit authority

11.           Regulation 10 amended

(1) Iii regulation 10(1 ) after "regulation 9(1)," insert:

whether before or after the commencement da y as

defined in regulation 6(1 A),

(2)	In regulation 10(2)(a) delete "a remedy under section 12A of the
Builders' Registration Act 1939" and insert:

a building remedy order as defined in the

Building Services (Complaint Resolwion and
Adininistration) Act 2011 section 3

12.            Part 4 heading rcpkiced

Delete the heading to Part 4 and insert:

Part 4 — Housing Authority

13.           Re-uhition 11 amended

(1)	In iegulation 11(1) delete "State Housing Commission"' and insert:
Housing Authority
(2)	In regulation 11(2) delete "State Housing Commission" and insert:
Housing Authority
(3)	In regulation I I(3)(a) delete "a remedy under section 12A of the
Builders' Registration Act 1939" and insert:

a building remed y order as defined in the

Building Services (Complaint Resoliuion and
Administration) Act 2011 section 3

11 \Tav 2012 CTO\TERN\TEl\T CT:1ZETTE , WA 2003

(4)	Delete regulation 11(6).
Note:  The heading t q amended regulation 11 is to read:

Exemption — Housing Authority

14.           Schedule I amended

In Schedule I Form 2 clause 8 delete "Department of Consumer and Employment Protection"" and insert:

Department of Commerce

By Command of the Governor,

N. HAGLEY. Clerk of the Executive Council.

TREASURY AND FINANCE

TR301*

State Superannuation Act 2000

State Superannuation Amendment Regulations

(No. 2) 2012

Made by the Governor in Executive Council.

1.             Citation

These regulations tire the State Superannitation Amendment
Regukuions (No. 2) 2012.

2.             Commencement

These regulations come into operation as follows -

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

3.             Regulations amended

These regulations amend the State Superannuation
Regulations 2001.