Untitled document

Domestic Building Contracts and Tribunal

(Amendment) Act 1996

Act No. 2/1996

TABLE OF PROVISIONS

Section Page

1.	Purposes	1
2.	Commencement	2
3.	Correction of error in commencement	2
4.	Appeals from decisions of Tribunal	2
5.	Exemption power	2
6.	Definition of recognised person	3
7.	New sections 34A, 34B and 34C inserted	3

34A.	Savings provisions	3
34B.	Notice to approved guarantor	4
34C.	No offence for certain acts or failures to act under this
Act in April 1996	5

8.	Payments in respect of guarantees	5
9.	Limitations on liability	5
10.	Owner builders	6
11.	Sale of homes before completion	6
12.	Building Practitioners Board	6
13.	New clause 27 inserted in Schedule 4	7

27. Saving provision 7

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NOTES 8

i

Victoria

No. 2 of 1996

Domestic Building Contracts and Tribunal (Amendment) Act 1996†

[Assented to 18 June 1996]

The Parliament of Victoria enacts as follows:

1. Purposes

The main purposes of this Act are—

(a) to amend the Domestic Building Contracts and Tribunal Act 1995 to correct an error in its commencement and to improve the operation of that Act; and

Domestic Building Contracts and Tribunal (Amendment) Act
1996

s. 2 Act No. 2/1996

(b)	to amend the House Contracts Guarantee Act 1987 to ensure that certain guarantees apply under that Act; and
(c)	to amend the Building Act 1993 to improve the operation of that Act.

2. Commencement

This Act comes into operation on the day on which it receives the Royal Assent.

3. Correction of error in commencement

(1) After section 2 (1) of the Domestic Building

Contracts and Tribunal Act 1995 insert—

"(1A) Section 158 comes into operation on 1 May

1996.".

(2) The Domestic Building Contracts and Tribunal

Act 1995 is deemed to have been enacted as amended by sub-section (1).

4. Appeals from decisions of Tribunal

(1) Section 110(2) of the Domestic Building

Contracts and Tribunal Act 1995 is repealed.

(2) In section 110(3)(b) of the Domestic Building

Contracts and Tribunal Act 1995 for "Court of

Appeal" substitute "Supreme Court".

5. Exemption power

After section 135(1)(a) of the Domestic Building
Contracts and Tribunal Act 1995 insert—

"(aa) the exemption of persons or bodies or classes

of persons or bodies, or buildings or classes
of buildings, or contracts or classes of
contracts, from all or any of the provisions of
this Act or the regulations in any

Domestic Building Contracts and Tribunal (Amendment) Act
1996

Act No. 2/1996 s. 6

circumstances and subject to any conditions
provided for in the regulations or determined

by the Minister;".

6. Definition of recognised person

In section 3(1) of the House Contracts Guarantee Act 1987, in paragraph (c) of the definition of "recognised person", after "building surveyor" insert ", building inspector".

7. New sections 34A, 34B and 34C inserted

After section 34 of the House Contracts

Guarantee Act 1987 insert—

"34A. Savings provisions

(1) If a domestic building work contract or supervision contract was entered into in April 1996, the guarantee referred to in section 6(1) or (1A) is deemed to have been

given on the domestic building work contract
or supervision contract being entered into.

(2) If a contract for sale referred to in section 6(1)(b) was entered into in April 1996, the guarantee referred to in section 6(1) is

deemed to have been given on the

completion of that contract.

(3) If —

(a)	a contract for sale referred to in section 6(1)(c) was entered into in April 1996; and
(b)	section 9 had been complied with before that contract was entered into—

the guarantee referred to in section 6(1) is
deemed to have been given on the
completion of that contract.

Domestic Building Contracts and Tribunal (Amendment) Act
1996

s. 7 Act No. 2/1996

(4) If—

(a)	a contract for sale referred to in section 10 was entered into in April 1996; and
(b)	section 10(1) had been complied with before that contract was entered into—

the guarantee referred to in that section is
deemed to have been given on the
completion of that contract.

(5) Any approval given or purported to have been given in April 1996 by the approved guarantor under section 23 is deemed to have

been validly given under that section.

(6) Any certificate issued or purported to have been issued in April 1996 by the approved guarantor under section 25(3)(d) is deemed to have been validly issued under that

section.

(7) All money received by the approved

guarantor under this Act or purportedly
under this Act in April 1996 is deemed to
have been validly received by the approved

guarantor and paid into its funds.

(8) If any dispute arises in relation to the

operation of this section, any person affected
may refer the dispute to the Tribunal for

determination.

34B. Notice to approved guarantor

If, before the commencement of section 7 of
the Domestic Building Contracts and
Tribunal (Amendment) Act 1996, an
approved builder or approved supervisor has
not served on the approved guarantor a
notice referred to in section 24 in respect of a
contract entered into or building work

Domestic Building Contracts and Tribunal (Amendment) Act
1996

Act No. 2/1996 s. 8

commenced in April 1996, the approved
builder or approved supervisor must serve
that notice on the approved guarantor within
14 days after that commencement.
Penalty: 100 penalty units.

34C. No offence for certain acts or failures to act under this Act in April 1996

Despite anything to the contrary in this Act,
a person is not liable for an offence under
this Act for an action or failure to act which
but for section 2(1A) of the Domestic
Building Contracts and Tribunal Act 1995
and section 3(2) of the Domestic Building
Contracts and Tribunal (Amendment) Act
1996 would not have constituted an offence

at the time of the action or failure to act.".

8. Payments in respect of guarantees

After section 22A(10) of the House Contracts
Guarantee Act 1987 insert—

'(11) In this section "this Act" includes Division

1A of Part XLIX of the Local Government

Act 1958.'.

9. Limitations on liability

After section 131(2) of the Building Act 1993
insert—

'(3) In this section "court" includes the Domestic

Building Tribunal established under the
Domestic Building Contracts and
Tribunal Act 1995.'.

Domestic Building Contracts and Tribunal (Amendment) Act
1996

s. 10 Act No. 2/1996

10. Owner builders

(1) In section 137B(7) of the Building Act 1993 for

paragraph (a) of the definition of "prescribed
period" substitute—
"(a) in relation to a contract for the sale of a

home—

(i)  6 years and 6 months after the completion date for the construction of the home; or

(ii)  if a longer period (not exceeding 10 years) after the completion date for the construction of the home has been prescribed, that longer period; and".

(2) In section 137B(7) of the Building Act 1993 in

paragraph (b) of the definition of "prescribed
building practitioner" after "building surveyor"

insert ", building inspector".

11. Sale of homes before completion

In section 137E of the Building Act 1995, in paragraph (a) after "contract" insert "or the contract of sale is a major domestic building contract or provides that the home is to be constructed under a major domestic building contract".

12. Building Practitioners Board

(1) After section 184(3) of the Building Act 1993

insert—

"(3A) An additional member may be appointed in

member is to be chosen by the Minister from
a list of three names submitted to the
Minister by an organisation which, in the

respect of the category of builder, and that association for that category.".

Domestic Building Contracts and Tribunal (Amendment) Act
1996

Act No. 2/1996 s. 13

(2) In section 184 of the Building Act 1993—

(a)	in sub-section (4), after "(3)" insert "or (3A)";
(b)	in sub-section (5) after "(3)" insert "or (3A)".

13. New clause 27 inserted in Schedule 4

After clause 26 of Schedule 4 of the Building Act
1993 insert—
"27. Saving provision

A building permit issued in April 1996 in respect of prescribed building work within the meaning of section 27 of this Act as in force before the commencement of section 138 of the Domestic Building Contracts and Tribunal Act 1995 is deemed to have been validly issued even if the certificate referred to in section 27(4) had not been given to the relevant building surveyor before the building permit was issued.".

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Domestic Building Contracts and Tribunal (Amendment) Act
1996

Notes Act No. 2/1996

NOTES

†

Minister's second reading speech—

Legislative Assembly: 16 May 1996

Legislative Council: 4 June 1996

The long title for the Bill for this Act was "to amend the Domestic
Building Contracts and Tribunal Act 1995, the House Contracts
Guarantee Act 1987 and the Building Act 1993 and for other purposes."