Untitled document

House Contracts Guarantee Repeal Act 2016

No. 37 of 2016

table of provisions

Section  Page

Part 1—Preliminary

1Purpose

2Commencement

Part 2—Repeal of House Contracts Guarantee Act 1987

3Repeal of House Contracts Guarantee Act 1987

4Amendment of Domestic Building Contracts Act 1995

5Amendment of Victorian Civil and Administrative Tribunal Act 1998

6Amendment of Victorian Managed Insurance Authority Act 1996

7Amendment of Building Act 1993

8New Schedule 9 inserted into Building Act 1993

Part 3—Repeal of amending Act

9Repeal of amending Act

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Endnotes

1      General information

House Contracts Guarantee Repeal Act 2016

No. 37 of 2016

[Assented to 28 June 2016]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purpose

The purpose of this Act is to repeal the House Contracts Guarantee Act 1987.

2Commencement

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

Part 2—Repeal of House Contracts Guarantee Act 1987

3Repeal of House Contracts Guarantee Act 1987

The House Contracts Guarantee Act 1987 is repealed.

4Amendment of Domestic Building Contracts Act 1995

(1)In section 1 of the Domestic Building Contracts Act 1995—

(a)in paragraph (c) for "work; and" substitute "work.";

(b)paragraph (d) is repealed.

(2)In section 3(1) of the Domestic Building Contracts Act 1995, in the definition of insurer—

(a)in paragraph (aa) for "architect); and" substitute "architect);";

(b)paragraph (b) is repealed.

(3)In section 60(1) of the Domestic Building Contracts Act 1995 omit "or from a guarantee under the House Contracts Guarantee Act 1987 or from an indemnity under Part 6 of the House Contracts Guarantee Act 1987".

(4)In section 61(1) of the Domestic Building Contracts Act 1995 omit "or from a guarantee under the House Contracts Guarantee Act 1987 or from an indemnity under Part 6 of the House Contracts Guarantee Act 1987".

5Amendment of Victorian Civil and Administrative Tribunal Act 1998

Part 11 of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 is repealed.

6Amendment of Victorian Managed Insurance Authority Act 1996

Sections 6(ea) and 8(4A) of the Victorian Managed Insurance Authority Act 1996 are repealed.

7Amendment of Building Act 1993

After section 272 of the Building Act 1993 insert—

"272A   Schedule 9

Schedule 9 has effect.".

8New Schedule 9 inserted into Building Act 1993

Insert the following Schedule at the end of the Building Act 1993—

"Schedule 9—House Contracts Guarantee Act 1987

1Payments from Consolidated Fund

Despite the repeal of the House Contracts Guarantee Act 1987 by the House Contracts Guarantee Repeal Act 2016—

(a)any amount payable after that repeal to a claimant under a claim made under the House Contracts Guarantee Act 1987 before that repeal is payable from the Consolidated Fund, which is to the necessary extent appropriated accordingly; and

(b)any amount that, but for that repeal, would be payable under section 46(2)(c) of the House Contracts Guarantee Act 1987 into the Domestic Building (HIH) Indemnity Fund is payable into the Consolidated Fund.".

Part 3—Repeal of amending Act

9Repeal of amending Act

This Act is repealed on the first anniversary of the day on which it has come into operation.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 9 March 2016

Legislative Council: 5 May 2016

The long title for the Bill for this Act was "A Bill for an Act to repeal the House Contracts Guarantee Act 1987 and for other purposes."