House Contracts Guarantee (HIH) Act 2001 (Vic)

House Contracts Guarantee (HIH) Act 2001

Act No. 26/2001

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purposes	1
2.	Commencement	3

PART 2—AMENDMENT OF HOUSE CONTRACTS

GUARANTEE ACT 1987 4

3.	Amendment of purposes	4
4.	Application of Act	4
5.	Amendment of constitution of HGFL	4
6.	Deferral of winding up of HGFL	5
7.	Repeal of sections 35 to 38	6
8.	New Part 6 inserted	6
PART 6—DOMESTIC BUILDING (HIH) INDEMNITY
SCHEME	6
Division 1—Introductory	6

35.	Interpretation	6
36.	This Part only applies in respect of work carried out or
to be carried out in Victoria	8

Division 2—Indemnity 8

37.	Indemnity	8
38.	What is not covered by the indemnity?	8
39.	What are the functions and powers of HGFL in relation
to the indemnity scheme?	10
40.	Who can make a claim under the scheme?	10
41.	Procedure for claims	11
42.	When is a claim paid?	12
43.	Assignment of rights	12
44.	HGFL may require builder to make payments or rectify
work	12
45.	Other rights not affected	13

Division 3—Domestic Building (HIH) Indemnity Fund 14

i

Section Page

46.	Domestic Building (HIH) Indemnity Fund	14
47.	Payments to Consolidated Fund	15
48.	How can the Fund be invested?	15
49.	What happens to the Fund on the winding up of HGFL?	16
50.	HGFL to report to Minister	16
51.	Auditor-General to audit accounts of Fund	16
52.	Annual report	17

Division 4—General 17

53.          Can HGFL enter into arrangements and agreements with

liquidator of HIH? 17
54.	Effect of Corporations Law 17
55.	Offence to make false statements 18
56.	Regulation-making powers 18

PART 3—AMENDMENT OF BUILDING ACT 1993 19

9.	Required insurance	19
10.	Deferral of suspension	19
11.	Failure to comply with insurer's direction	20
12.	Domestic building (HIH) indemnity account	20
13.	Additional building permit levy for domestic building work	21
14.	Repeal of additional levy	22
15.	New clause 28 inserted in Schedule 4	22

PART 4—AMENDMENT OF DOMESTIC BUILDING

CONTRACTS ACT 1995 24

16. Amendment of Domestic Building Contracts Act 1995 24

PART 5—AMENDMENT OF SALE OF LAND ACT 1962 25

17. Amendment of section 32 of the Sale of Land Act 1962 25

═══════════════

ENDNOTES 26

ii

Victoria

No. 26 of 2001

House Contracts Guarantee (HIH) Act

2001†

[Assented to 7 June 2001]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purposes

The main purposes of this Act are—

(a) to amend the House Contracts Guarantee Act 1987—

(i)  to establish an indemnity scheme in respect of losses arising in respect of certain classes of domestic building

House Contracts Guarantee (HIH) Act 2001

Act No. 26/2001	s. 1
work affected by the collapse of the HIH Insurance Group; and

(ii)  to give additional functions to Housing Guarantee Fund Limited to administer the scheme on behalf of the State; and

(iii)  to establish a Domestic Building (HIH) Indemnity Fund for the purposes of the scheme; and

(iv)  to allow for the making of claims under the scheme; and

(b) to amend the Building Act 1993—

(i)

in relation to the provision by owner- required insurance; and

(ii)  to provide for an additional building permit levy in respect of domestic building work; and

(iii) Guarantee Fund Limited to recommend

to extend the powers of Housing domestic builders; and

(iv)  to limit for a time the operation of the provisions relating to the mandatory suspension of registration of building practitioners; and

(c)	to amend the Domestic Building Contracts Act 1995 to provide for rights of action by or against Housing Guarantee Fund Limited
under that Act in relation to the operation of the indemnity scheme; and
(d)	to amend section 32 of the Sale of Land Act 1962 in relation to the provision of information relating to required insurance under the Building Act 1993.

House Contracts Guarantee (HIH) Act 2001

s. 2 Act No. 26/2001

2. Commencement

(1) This Act (except sections 14 and 15) comes into

operation on the day after the day on which it

receives the Royal Assent.

(2) Sections 14 and 15 come into operation on a day

to be proclaimed.

(3) If sections 14 and 15 do not come into operation

before 30 June 2010, they come into operation on

that day.

_______________
House Contracts Guarantee (HIH) Act 2001

Act No. 26/2001 s. 3

PART 2—AMENDMENT OF HOUSE CONTRACTS

GUARANTEE ACT 1987

3. Amendment of purposes

See:

After section 1(c) of the House Contracts	Act No.
Guarantee Act 1987 insert—	44/1987. Reprint No. 3
"and	as at 4 March 1999
(d) to establish an indemnity scheme in respect of losses arising in respect of certain classes	LawToday:
dpc.vic.
of domestic building work affected by the	gov.au
collapse of the HIH Insurance Group.".

4. Application of Act

In sections 4(1) and 4(2) of the House Contracts
Guarantee Act 1987, after "This Act" insert

"(except sections 22 and 22A and Part 6)".

5. Amendment of constitution of HGFL

(1) After section 22(1A) of the House Contracts

Guarantee Act 1987 insert—

'(1B) The constitution of Housing Guarantee Fund

Limited is deemed to include the following
clauses—

"E. To carry out any functions and exercise

any powers conferred on Housing
Guarantee Fund Limited under Part 6 of
the House Contracts Guarantee Act
1987 and under the Building Act 1993
and the Domestic Building Contracts

Act 1995.

F. Clause E inserted in this constitution by section 5 of the House Contracts Guarantee (HIH) Act 2001 applies despite anything to the contrary in the constitution existing immediately

House Contracts Guarantee (HIH) Act 2001

s. 6	Act No. 26/2001
before the commencement of that section.".'.

(2) After section 22(6) of the House Contracts

Guarantee Act 1987 insert—

"(7) Sub-sections (1A) and (1B) have effect

despite any provision of the Corporations
(Victoria) Act 1990 or of the applicable
provisions (as defined in that Act) of the

State.".

6. Deferral of winding up of HGFL

(1) In section 22A(1) of the House Contracts

Guarantee Act 1987, for paragraph (b)
substitute—

"(b) carrying out the functions conferred on

Housing Guarantee Fund Limited under

Part 6; and

(c) winding up Housing Guarantee Fund Limited as soon as practicable after—

(i)  completion of all claims after the expiration of all guarantees given under this Act; and

(ii) expiration of all indemnities given

completion of all claims after the 6 of this Act.".

(2) After section 22A(9) of the House Contracts Guarantee Act 1987 insert—

"(9A) The approved guarantor's Funds do not, for any purpose, include the Domestic Building (HIH) Indemnity Fund established under

Part 6.".

House Contracts Guarantee (HIH) Act 2001

Act No. 26/2001 s. 7

7. Repeal of sections 35 to 38

Sections 35, 36, 37 and 38 of the House

Contracts Guarantee Act 1987 are repealed.

8. New Part 6 inserted

After Part 5 of the House Contracts Guarantee

Act 1987 insert—

'PART 6—DOMESTIC BUILDING (HIH)

INDEMNITY SCHEME

Division 1—Introductory

35.  Interpretation In this Part— "builder" has the same meaning as it has in

the Domestic Building Contracts Act

1995;

"domestic building work" has the same

meaning as it has in the Domestic

Building Contracts Act 1995;

"HGFL" means Housing Guarantee Fund

Limited;

"HIH" means—

(a)	HIH Casualty and General Insurance Ltd. A.C.N. 008 482 291; or
(b)	FAI General Insurance Company Ltd. A.C.N. 000 327 855;

"HIH policy" means a contract of

insurance—

(a)

which was underwritten by HIH before the relevant date; and

House Contracts Guarantee (HIH) Act 2001

s. 8 Act No. 26/2001

(b) which at the time it was underwritten by HIH was—

(i) insurance required by order under section 135(1)(a) and (c) of the Building Act

1993 in relation to the
carrying out of domestic
building work or managing
or arranging the carrying out
of domestic building work;
or

(ii) insurance required by order under section 135(1)(b) and (c) of the Building Act

1993; and

(c) which a building permit was

which relates to building work for 1993 before the relevant date;

"liquidator" includes provisional liquidator;
"loss" includes damage and costs;

"owner-builder" in relation to a building,

means—

(a)

a person to whom section 1993 applies; or

(b)	a mortgagee in possession of the building from that person; or
(c)	an executor or administrator of the estate of that person;

"relevant date" means 30 April 2001.

House Contracts Guarantee (HIH) Act 2001

Act No. 26/2001 s. 8

36.  This Part only applies in respect of work carried out or to be carried out in Victoria

Nothing in this Part applies in relation to any building work carried out or to be carried out outside Victoria or to any loss arising in

relation to that work.

Division 2—Indemnity

37.

Indemnity any person who is entitled to an indemnity under a HIH policy to the extent of the indemnity under that policy.

38. What is not covered by the indemnity? (1) An indemnity under section 37 does not

apply—

(a)	to the builder or owner-builder covered by the HIH policy; or
(b)	to any loss if an indemnity is provided in relation to the loss by another contract of insurance which is—

(i) section 135(1)(a) and (c) of the
Building Act 1993 in relation to
the carrying out of domestic
building work or managing or

insurance required by order under domestic building work; or

(ii)

insurance required by order under Building Act 1993; or

House Contracts Guarantee (HIH) Act 2001

s. 8 Act No. 26/2001

(c) to any loss if a claim has been made under the HIH policy in respect of the loss and payment in full has been received by the claimant; or

(d) to any loss if—

(i)  a claim for the loss was determined by the Tribunal or a court before the relevant date not to be a valid claim under the HIH policy; and

(ii)  the claimant is not entitled to bring any further proceedings on or after the relevant date to appeal against or seek a review of that determination; or

(e)

to any loss if the building work to policy applied commenced on site on or after 31 May 2001.

(2) If a claim has been made under a HIH policy

in respect of a loss and settlement has been
reached or a determination has been made by
the Tribunal or a court in respect of the
claim—

(a)	the amount of the loss for which an indemnity is provided under section 37 in respect of the loss is the amount so agreed in the settlement or determined by the Tribunal or the court; and
(b)	the amount of the loss for which an indemnity is provided under section 37 in respect of the loss is reduced by any amount paid by HIH or a liquidator of HIH to the claimant in respect of the claim on the HIH policy.

House Contracts Guarantee (HIH) Act 2001

Act No. 26/2001 s. 8

39.  What are the functions and powers of HGFL in relation to the indemnity scheme?

(1) HGFL is responsible for the administration

of—

(a)	the indemnity scheme established under this Part; and
(b)	the Domestic Building (HIH) Indemnity Fund.

(2) HGFL has any other functions conferred on it under this Part.

(3) Without limiting its other powers, HGFL has

any powers necessary to carry out its
functions under this Part.

(4) HGFL acts on behalf of the State in carrying

out its functions and exercising its powers
under or for the purposes of this Part.

(5) No claim under this Part can be made on the assets of HGFL and the assets of HGFL are not available for the payment of any amount of claim, costs or expenses under this Part.

40. Who can make a claim under the scheme?

(1) A person who has incurred a loss which is

covered by an indemnity under section 37 that loss.

may make a claim against the Domestic

(2) A claim must be lodged with HGFL in

accordance with the procedures approved by
the Minister under section 41.

(3) A claim may be made under this section in respect of a loss whether or not a claim in respect of that loss has been made against HIH or a liquidator of HIH or any other

person.

House Contracts Guarantee (HIH) Act 2001

s. 8 Act No. 26/2001

(4) If a claim is made under this section, the liquidator of HIH must make available to HGFL, on request, copies of any relevant documents held by the liquidator in relation

to the HIH policy to which the claim relates.

41. Procedure for claims

(1) Subject to sub-section (2), HGFL may from

time to time submit to the Minister for
approval the procedures it proposes to adopt
in the handling and resolution of claims
under this Part.

(2) HGFL must submit the first procedures to be

adopted under this Part to the Minister for
approval immediately after the
commencement of section 8 of the House
Contracts Guarantee (HIH) Act 2001.

(3) HGFL may propose to adopt as part of its procedures—

(a)	the requirement that a claim be made in a particular way; and
(b)	the requirement that a claim be made within a particular time; and
(c)	the requirement that a claimant supply to it a statutory declaration made by the claimant verifying any information supplied to HGFL by the claimant in respect of the claim.

(4) The Minister may approve the procedures with or without amendment.

(5) HGFL must adopt the procedures approved by the Minister.

(6) A procedure does not take effect unless it has been approved by the Minister.

House Contracts Guarantee (HIH) Act 2001

Act No. 26/2001 s. 8

(7) Until procedures are approved under this

section, the procedures approved under
section 13 apply (with any necessary
modifications) to claims under this Part.

42.

When is a claim paid? covered by an indemnity under section 37, HGFL must pay to the person out of the Domestic Building (HIH) Indemnity Fund the amount assessed by HGFL as payable under the indemnity.

43. Assignment of rights

(1) HGFL must not pay any amount under

section 42 in respect of a claim unless—

(a)

the person entitled to payment under the State the person's right to recover from HIH, the builder or, if required by HGFL, any other person any amount in respect of the loss; and

(b) express notice in writing of the assignment has been given to HIH, the builder or other person, as the case requires.

(2) If a person assigns to HGFL a right to

recover from HIH under a HIH policy, the
liquidator of HIH must not take into account
any amount paid out under an indemnity
under this Part in determining a claim under
that policy.

44.  HGFL may require builder to make payments or rectify work

House Contracts Guarantee (HIH) Act 2001

s. 8 Act No. 26/2001

(1) Subject to sub-section (3), if a claim is made

incomplete or defective building work,

under section 40 for loss arising from builder concerned in respect of—

(a)

the completion of the building work or the rectification of the defective building work; or

(b)

the payment by the builder to the Domestic Building (HIH) Indemnity Fund of any amount in respect of the completion of the building work or the rectification of the defective building work.

(2) Subject to sub-section (3), if a claim is made

builder concerned to pay to the Domestic

under section 40, HGFL may direct the paid out of the Fund on that claim.

(3) HGFL may only give a direction under sub-

section (1) or (2) to the extent that HIH
would be able to require that work or require
a payment to HIH by the builder under the
relevant HIH policy.

(4) A builder must comply with a direction under sub-section (1) or (2).

(5) HGFL may recover an amount to be paid by

a builder under this section in any court of competent jurisdiction as a debt due to the State.

45. Other rights not affected

House Contracts Guarantee (HIH) Act 2001

Act No. 26/2001 s. 8

Subject to section 43, nothing in this Part affects any right that a person has against an owner-builder or a builder under a domestic building contract or at common law or under the Domestic Building Contracts Act 1995 or the Building Act 1993.

Division 3—Domestic Building (HIH)

Indemnity Fund

46. Domestic Building (HIH) Indemnity Fund

(1) There is to be established a Fund to be called

the Domestic Building (HIH) Indemnity

Fund.

(2) There must be paid into the Fund—

(a)	any money appropriated by Parliament for the purposes of the Fund;
(b)	building (HIH) indemnity account in the Building Administration Fund

all money paid out of the domestic Act 1993;

(c)	money recovered by the State from any person under a right assigned under section 43;
(d)	money paid or recovered under section 44;
(e)	all other money authorised or required to be paid to the Fund by any person or body;
(f)	income from the investment of the Fund.

(3) There may be paid out of the Fund—

House Contracts Guarantee (HIH) Act 2001

s. 8 Act No. 26/2001

(a)	the costs and expenses incurred in establishing and administering the indemnity scheme under this Part;
(b)	money directed under section 47 to be paid out of the Fund;
(c)	the amount of any claim payable under this Part;
(d)	any amount determined by the Auditor- General to defray the reasonable costs and expenses of an audit of the accounts of the Fund;
(e)	any other amount authorised under this Part or under any other Act to be paid out of the Fund.

(4) All amounts paid out of the Fund under sub-

section (3)(d) must be paid into the
Consolidated Fund.

(5) All money in the Fund is an asset of the

State.

47. Payments to Consolidated Fund
(1) If the Treasurer is satisfied that there is in the

Domestic Building (HIH) Indemnity Fund at any time an amount in excess of the amount required to meet the anticipated payments

from the Fund, the Treasurer after
consultation with HGFL may direct the
payment of the whole or any part of that
excess amount out of the Fund into the
Consolidated Fund.

(2) HGFL must comply with a direction under sub-section (1).

48. How can the Fund be invested?

House Contracts Guarantee (HIH) Act 2001

Act No. 26/2001 s. 8

HGFL may invest any part of the Domestic
Building (HIH) Indemnity Fund not
immediately required for the purposes of the
Fund in any manner approved by the
Treasurer.

49.  What happens to the Fund on the winding up of HGFL?

On the winding up of HGFL, all money standing to the credit of the Domestic Building (HIH) Indemnity Fund must be paid into the Consolidated Fund.

50.

HGFL to report to Minister direction of the Minister report to the Minister in the manner required by the Minister on amounts paid into and out of the Domestic Building (HIH) Indemnity Fund.

51. Auditor-General to audit accounts of Fund

(1) The accounts of the Domestic Building

(HIH) Indemnity Fund must be audited
annually by the Auditor-General.

(2) The requirements of sub-section (1) are in

addition to the requirements of the
Corporations Law.

(3) The Auditor-General has in respect of the audit all the powers conferred on the audit of the Public Account.

(4) The Auditor-General must submit a report of the audit to the Minister.

(5) The Minister must cause a copy of any audit

report to be laid before each House of
Parliament within 7 sitting days of that

House Contracts Guarantee (HIH) Act 2001

s. 8 Act No. 26/2001

House after it is received by the Minister under sub-section (4).

52.

Annual report prepared under section 25A—

(a) indemnity scheme established under

particulars of its administration of the (HIH) Indemnity Fund; and

(b)

the audited financial statements of the Fund.

Division 4—General

53.  Can HGFL enter into arrangements and agreements with liquidator of HIH?

HGFL may, with the approval of the
Minister—

(a)	enter into agreements or arrangements on behalf of the State with; and
(b)	on behalf of the State accept any assignment from—

any liquidator of HIH or any other person for
the purpose of the settling of any claim for
loss in respect of which an assignment was
made under section 43 or for any other
purpose relating to an indemnity under this

Part.

54.

Effect of Corporations Law the Corporations (Victoria) Act 1990 or of

House Contracts Guarantee (HIH) Act 2001

Act No. 26/2001 s. 8

the applicable provisions (as defined in that
Act) of the State.

55.  Offence to make false statements A person must not make a false or misleading statement in relation to the

making of a claim under this Part.
Penalty: 100 penalty units.

56.

Regulation-making powers regulations for or with respect to any matter or thing required or permitted by this Part to be prescribed or necessary to be prescribed to give effect to this Part.'.

_______________
House Contracts Guarantee (HIH) Act 2001

s. 9 Act No. 26/2001

PART 3—AMENDMENT OF BUILDING ACT 1993

9. Required insurance

See:

Act No.	(1) After section 137A(2) of the Building Act 1993
126/1993.	insert—
Reprint No. 3
as at	"(3) A builder who holds a HIH policy within the
1 January
1999 and	meaning of Part 6 of the House Contracts
amending	Guarantee Act 1987 is deemed for the
Act Nos
99/1997,	purposes of sections 136(2) and 137 to be
18/1998,	covered by the required insurance in relation
75/1998,
91/1998,	to any building work to which the indemnity
17/1999,	under Part 6 of the House Contracts
28/2000,
35/2000,	Guarantee Act 1987 applies.".
85/2000,
91/2000 and	(2) After section 137B(5) of the Building Act 1993
11/2001.	insert—
LawToday: dpc.vic.	"(5A) It is and is to be taken always to have been
gov.au	sufficient compliance with sub-section (2)(c) if a certificate is or was given evidencing the existence of required insurance in the form
of a HIH policy (within the meaning of Part 6 of the House Contracts Guarantee Act 1987) applying to the residence.".

10. Deferral of suspension

(1) After section 172(7) of the Building Act 1993

insert—
"(8) Despite sub-section (3), the Board may defer

suspending a person's registration under this
Part for failure to comply with sub-section

(2) if the Board is satisfied that—

(a)	the person has applied for the required insurance; and
(b)	the only reason for the failure is that the insurer has not made a decision on the application.

House Contracts Guarantee (HIH) Act 2001

Act No. 26/2001 s. 11

(9) Sub-section (8) ceases to have effect on 31 July 2001.".

(2) After section 174(3) of the Building Act 1993

insert—
"(4) Despite sub-section (1), the Board may defer

suspending a person's registration under that

sub-section if the Board is satisfied that—

(a)	the person has applied for the required insurance; and
(b)	the only reason for the person not being covered by the required insurance is that the insurer has not made a decision on the application.

(5) Sub-section (4) ceases to have effect on 31 July 2001.".

11. Failure to comply with insurer's direction

(1) In section 174A(1) of the Building Act 1993,

after "Act 1987" insert "or a failure by the
builder to comply with a direction under section
44 of the House Contracts Guarantee Act
1987".

(2) In section 179(1)(fa) of the Building Act 1993,

after "Act 1987" insert "or has failed to comply
with a direction under section 44 of the House

Contracts Guarantee Act 1987".

12. Domestic building (HIH) indemnity account

(1) In section 200(2) of the Building Act 1993—

(a) in paragraph (d) for "account." substitute "account; and";

(b) after paragraph (d) insert—

House Contracts Guarantee (HIH) Act 2001

s. 13 Act No. 26/2001

"(e) the domestic building (HIH) indemnity

account.".

(2) In section 200(3) of the Building Act 1993, after

"levy" (where first occurring) insert "payable
under section 201(1)".

(3) After section 200(3B) of the Building Act 1993

insert—

"(3C) Amounts paid into the fund on account of the

building permit levy payable under section
201(1A) must be credited to the domestic
building (HIH) indemnity account.".

(4) In section 200(5) of the Building Act 1993—

(a)	in paragraph (c) for "or (7C)." substitute "or 7C; or";
(b)	after paragraph (c) insert— "(d) out of the domestic building (HIH)

indemnity account in accordance with

sub-section (7D).".

(5) After section 200(7C) of the Building Act 1993

insert—

"(7D) Any amount standing to the credit of the

domestic building (HIH) indemnity account
at the end of each month must be paid within
7 days to the Domestic Building (HIH)
Indemnity Fund established under Part 6 of
the House Contracts Guarantee Act
1987.".

13.  Additional building permit levy for domestic building work

(1) In section 201 of the Building Act 1993, for sub- section (1A) substitute—

"(1A) There is imposed by this Act, in addition to the levy imposed by sub-section (1), a

House Contracts Guarantee (HIH) Act 2001

Act No. 26/2001 s. 14 s. 15

building permit levy of .032 cents in every
dollar of the cost of domestic building work
for which a building permit is sought.

(1B) A building permit levy is not payable under

sub-section (1) or (1A) in relation to an
application for a building permit if the cost
of the building work is $10 000 or less.".

(2) After section 201(9) of the Building Act 1993

insert—

"(10) The additional levy imposed by sub-section

(1A) is not payable in respect of an
application for a building permit made
before the commencement of section 13 of
the House Contracts Guarantee (HIH) Act
2001.".

14. Repeal of additional levy

(1) In section 201 of the Building Act 1993, sub- section (1A) is repealed.

(2) In section 201(1B) of the Building Act 1993,

omit "or (1A)".

15. New clause 28 inserted in Schedule 4

In Schedule 4 of the Building Act 1993, after clause 27 insert—

"28. Saving provision—repeal of additional levy

(1) The repeal of section 201(1A) by section 14 of the

House Contracts Guarantee (HIH) Act 2001 does not affect—

(a)	any liability to pay any levy imposed under that provision before that repeal; or
(b)	any right, obligation or power of any person relating to the payment, collection, recovery or receipt of any levy so imposed.

(2) The provisions of sub-section (1) are in addition to

and not in derogation of the provisions of the
Interpretation of Legislation Act 1984.".

House Contracts Guarantee (HIH) Act 2001

Act No. 26/2001

_______________
House Contracts Guarantee (HIH) Act 2001

Act No. 26/2001 s. 16

PART 4—AMENDMENT OF DOMESTIC BUILDING

CONTRACTS ACT 1995

16. Amendment of Domestic Building Contracts Act 1995

See:

(1) In section 3(1) of the Domestic Building Act No.

Contracts Act 1995, in the definition of "insurer"	91/1995. Reprint No. 4
after paragraph (b) insert—	as at 11 May 2000
"and	and amending Act
(c) in relation to any domestic building work or domestic building contract to which Part 6 of	No. 74/2000.
LawToday:
the House Contracts Guarantee Act 1987	dpc.vic.
applies, the Housing Guarantee Fund	gov.au
Limited A.C.N. 006 258 233.".

(2) In section 60(1) of the Domestic Building

Contracts Act 1995, after "1987" insert "or from
an indemnity under Part 6 of the House

Contracts Guarantee Act 1987".

(3) In section 61(1) of the Domestic Building

Contracts Act 1995, after "1987" insert "or from
an indemnity under Part 6 of the House

Contracts Guarantee Act 1987".

(4) In section 62 of the Domestic Building

Contracts Act 1995, after "guarantee" insert "or indemnity".

_______________
House Contracts Guarantee (HIH) Act 2001

s. 17 Act No. 26/2001

PART 5—AMENDMENT OF SALE OF LAND ACT 1962

17. Amendment of section 32 of the Sale of Land Act 1962

See:

Act No.	After section 32(9) of the Sale of Land Act 1962
6975/1962.	insert—
Reprint No. 11
as at	"(10) It is and is to be taken always to have been
6 January

2000   sufficient compliance with sub-section

and	(1A)(c) if particulars are or were given of a
amending
Act Nos	HIH policy (within the meaning of Part 6 of
74/2000 and	the House Contracts Guarantee Act 1987)
11/2001.
LawToday:	applying to the residence.".
	dpc.vic.
gov.au	═══════════════

House Contracts Guarantee (HIH) Act 2001

Act No. 26/2001 Endnotes

ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 31 May 2001

Legislative Council: 5 June 2001

The long title for the Bill for this Act was "to amend the House
Contracts Guarantee Act 1987 to establish an indemnity scheme in
respect of certain classes of domestic building work affected by the
collapse of the HIH Insurance Group, to amend the Building Act 1993,
the Domestic Building Contracts Act 1995 and the Sale of Land Act
1962 and for other purposes."