Housing Indemnity Amendment Act 2008 (TAS)

Housing Indemnity Amendment Act 2008

An Act to amend the Housing Indemnity Act 1992

[Royal Assent 26 June 2008]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Housing Indemnity Amendment Act 2008 . 2CommencementThe provisions of this Act commence on a day or days to be proclaimed. 3Principal ActIn this Act, the Housing Indemnity Act 1992 is referred to as the Principal Act. 4Section 3 amended (Interpretation) Section 3 of the Principal Act is amended as follows: (a) by omitting the definition of claim ; (b) by omitting the definitions of insured and insurer ; (c) by omitting the definition of owner-builder ; (d) by omitting the definition of the prescribed insurance cover . 5Section 5 amended (Exclusion of certain building work) Section 5(1)(a) of the Principal Act is amended by omitting ", an owner-builder". 6Part 2A insertedAfter section 9 of the Principal Act , the following Part is inserted: PART 2AConsumer Guide 9AInterpretation In this Part – consumer guide means a consumer guide prepared under section 9B or 9C ; Director means the Director of Consumer Affairs and Fair Trading appointed under section 9 of the Consumer Affairs Act 1988 . 9BConsumer guide (1) The Director must prepare a consumer guide. (2) The consumer guide is to – (a) contain information about the operation of this Act; and (b) if Part 3 is in operation, contain information about the scope and limitations of policies; and (c) contain any other information relevant to the operation of this Act that the Director considers necessary. (3) After preparing the consumer guide, the Director must cause a notice to be published in the Gazette and in 3 newspapers circulating generally in Tasmania specifying – (a) that the consumer guide has been prepared; and (b) the purpose of the consumer guide with particular reference to section 9E ; and (c) how and where copies of the consumer guide may be obtained; and (d) the date on which the consumer guide is to take effect; and (e) any other information relating to the consumer guide that the Director considers necessary. 9CReplacement of consumer guide (1) The Director may rescind a consumer guide and prepare a new consumer guide. (2) After preparing a new consumer guide, the Director must cause notice of it to be published in the manner specified in section 9B(3) . 9DAvailability of consumer guide The Director must, by electronic means and any other means the Director considers necessary, take all reasonable steps to ensure that copies of a consumer guide are publicly available. 9EOffence if builder fails to give owner consumer guide (1) A builder must, before performing building work to which this Act applies, give the owner a consumer guide.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 20 penalty units; or (b) an individual, a fine not exceeding 10 penalty units. (2) A document signed by an owner containing a statement that a builder has given the owner a consumer guide is evidence of that matter and, in the absence of evidence to the contrary, is proof of that matter. 9FStatus of consumer guide A consumer guide is not – (a) a statutory rule for the purposes of the Rules Publication Act 1953 ; or (b) subordinate legislation for the purposes of the Subordinate Legislation Act 1992 . 7Part 3 repealed Part 3 of the Principal Act is repealed. 8Section 20B repealed Section 20B of the Principal Act is repealed.

[Second reading presentation speech made in:

House of Assembly on 27 MAY 2008

Legislative Council on 11 JUNE 2008]