Untitled document

Domestic Building Contracts (Amendment) Act

2000

Act No. 2/2000

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	1
3.	Insertion of section 13A	1

13A. Effect of GST clauses on certain contracts 2

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NOTES 4

i

Victoria

No. 2 of 2000

Domestic Building Contracts

(Amendment) Act 2000†

[Assented to 28 March 2000]

The Parliament of Victoria enacts as follows:

1. Purpose

The purpose of this Act is to amend the Domestic Building Contracts Act 1995 to make provision for the effect of GST clauses on certain domestic building contracts.

2. Commencement

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

3. Insertion of section 13A

Domestic Building Contracts (Amendment) Act 2000

Act No. 2/2000

No. 91/1995.	After section 13 of the Domestic Building
Reprint No. 3	Contracts Act 1995 insert—
as at 1 July
1998. Further	"13A. Effect of GST clauses on certain contracts
amended by
No. 17/1999.	(1) Section 13(1) does not apply, and is deemed

never to have applied, to a cost plus

contract—

(a)	that was entered into on or before 8 November 1999; and
(b)	that provides for the builder to be paid any amount in respect of GST (as that term is defined in the A New Tax
System (Goods and Services Tax) Act 1999 of the Commonwealth); and

(c) that—

(i)  does not contain any other provision that makes it a cost plus contract; or

(ii)  is a contract referred to in section 13(1)(a) or (b).

(2) Section 13(2) does not apply, and is deemed never to have applied, to a cost plus contract referred to in sub-section (1) to the extent

that it relates to an estimate of the amount
payable to the builder in respect of any GST

(as defined in sub-section (1)(b)).

(3) A cost plus contract—

(a)	that was entered into after 8 November 1999 and before 30 November 1999; and
(b)	that would have been allowed as a cost plus contract by the regulations for the purposes of section 13 if it had been
entered into on or after 30 November 1999—

Domestic Building Contracts (Amendment) Act 2000

Act No. 2/2000 s. 3

is deemed to be, and to have always been, a cost plus contract of a class allowed by the regulations for the purposes of section 13.".

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Domestic Building Contracts (Amendment) Act 2000

Notes Act No. 2/2000

NOTES

†

Minister's second reading speech—

Legislative Assembly: 2 December 1999

Legislative Council: 15 March 2000

The long title for the Bill for this Act was "to amend the Domestic
Building Contracts Act 1995 and for other purposes."