House-builders' Registration and Home-owners' Protection Act Amendment Act 1978 (Qld)

658 Que$ laxt ANNO VICESIMO SEPTIMO ELIZABETIIAE SECUNDAE REGINAE No. 75 of 1978 An Act to amend the House - builders' Registration and Home-owners ' Protection Act 1977 in certain particulars [ASSENTED TO 8TH DECEMBER, 1978] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the House-builders' Registration and Home-owners' Protection Act Amendment Act 1978. (2) The House-builders' Registration and Home-owners' Protection Act 1977 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the House-builders' Registration and Home-owners' Protection Act1977-1978. 2. Commencement . This Act shall commence on a date to be fixed by Proclamation. 3. Amendment of s. 58. Section 58 of the Principal Act is amended by omitting subsection (1) and substituting the following subsections:- (1) A registered house-builder who- (a) after the commencement of the House-builders'RegistrationandHome-owners'ProtectionAct

House-builders' Registration, Etc., Act Amendment Act 1978, No. 75 659 Amendment Act 1978 enters into a contract to perform, by himself or by others, building construction of a value exceeding $1 000; or (b) otherwise than pursuant to such a contract proposes to commence building construction of a value exceeding $1 000 after the commencement of that Act, shall- (c) in the case referred to in provision (a), within 14 days after entering into the contract serve on the Board or on an agent of the Board notice of the contract, which notice shall also notify the date of commencement of the building construction to which the contract relates; (d) in the case referred to in provision (b), not less than 14 days before the commencement of the building construction serve on the Board or an agent of the Board notice of the proposed date of commencement; and (e) at the time that he serves on the Board or an agent of the Board the notice referred to in provision (c) or (d), pay to the Board or, as the case may be, the agent of the Board an insurance premium in respect of the insurance of the building construction in an amount calculated in accordance with the prescribed scale. (IA) A person who enters into a contract to perform, by himself or by others, or who completes, building construction of a value exceeding $1000 which building construction was commenced prior to the commencement of the House-builders' Registration and Home-owners' Protection Act Amendment Act 1978 shall be subject to the House-builders'Registration andHome-owners' Protection Act1977 as if the firstmentioned Act had not been passed.". 4. New s. 58A. The Principal Act is amended by inserting after section 58 the following section:- " 58A. Payment of insurance premium to be noted on building approval . (1) A person shall not after the commencement of the House-builders' Registration and Home-owners' Protection Act Amendment Act 1978 commence building construction of a value exceeding $1 000, which building construction pursuant to section 30A of the Building Act1975-1978 is such that it requires the approval of the Local Authority, unless (whether that approval be given pursuant to provision (a) or (c) of section 30B (1) of the lastmentioned Act) the Local Authority has endorsed on the applicant's copy or copies of the plans and specifications submitted to it with the application or the writing approving of the application a notation that the Local Authority is satisfied that- (a) the amount, if any, payable under section 58 as an insurance premium has been duly paid; or (b) no amount is payable under that section, in respect of the building construction. Penalty: $1 000.

660 House -builders' Registration , Etc., Act Amendment Act 1978, No. 75 (2) Where the Local Authority whether pursuant to provision (a) or (c) of section 30B of the Building Act1975-1978 approves, after the commencement of the House-builders' Registration and Home-owners' Protection Act Amendment Act 1978, of an application made under section 30A of the firstmentioned Act in respect of building construction of a value exceeding $1 000 it shall not forward or deliver to the applicant for that approval or to any other person the applicant's copy or copies of the plans and specifications submitted with the application or the writing approving of the application unless- (a) it is satisfied that- (i) the amount, if any, payable under section 58 as an insurance premium has been duly paid ; or (ii) no amount is payable under that section, in respect of the building construction; and (b) it has endorsed on all copies of the plans and specifications submitted to it or on that writing a notation referred to in subsection (1). (3) A certificate purporting to be under the hand of the Registrar certifying that- (a) the amount payable under section 58 as an insurance premium has or has not been paid; or (b) no such amount is payable, in respect of the building construction specified in the certificate shall, for the purposes of the Local Authority's making a notation referred to in subsection (1) or (2) (b) be sufficient evidence of the matter referred to in provision (a) or (b) and that certificate shall be admissible in any proceedings as conclusive evidence of the matters contained therein until the contrary is proved.". 5. Amendment of s. 65. Section 65 of the Principal Act is amended by- (a) omitting provision (b) of subsection (1) and substituting the following provision:- (b) the date of commencement or completion of any building construction referred to in section 58 (1), "; (b) in subsection (2), omitting the word " one " and substituting the word " three "; (c) omitting subsection (3) and substituting the following subsection :- " (3) Where notice referred to in provision (c) or (d) of section 58 (1) has been served on the Board and shows a date as the date of commencement- (a) if the Board accepts that the building construction has been commenced but suspects for good reason that the date so shown is not correct, the Board shall determine the date under subsection (1) within three months of service of the notice on it; (b) if the Board does not accept that the building construction has been commenced, the Board shall determine the date under subsection (1) as soon as practicable after the building construction has been commenced.".

House-builders ' Registration , Etc., Act Amendment Act 1978, No. 75 661 6. Repeal of and new s. 66. The Principal Act is amended by repealing section 66 and substituting the following section:- " 66. Date of contract . For the purposes of this Act, the date of entering into a contract referred to in provision (a) of section 58 (1) is- (a) where such date has not been determined by the Board under section 65 (1), the date shown on the notice referred to in provision (c) of section 58 (1) served on the Board in relation to the contract; (b) where such date has been determined by the Board under section 65 (1), the date so determined.". 7. Amendment of s. 67. Section 67 of the Principal Act is amended by, in subsection (1), omitting provision (b) and substituting the following provision:- (bb) ) if such an agreement is deemed to have been entered into, the date of commencement or completion as established or determined in accordance with section 65 or, as the case may require, the date of the contract as established in accordance with section 66 in relation to the building construction. ".