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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Home Building Amendment (Statutory
Warranties) Bill 2006
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Home Building Act 1989 No 147 2
4 Repeal of Act 2
Schedule 1 Amendments 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2006
New South Wales
Home Building Amendment (Statutory
Warranties) Bill 2006
Act No , 2006
An Act to amend the Home Building Act 1989 with respect to proceedings to enforce
statutory warranties with respect to residential building work; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Home Building Amendment (Statutory Warranties) Bill 2006
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Home Building Amendment (Statutory Warranties)
Act 2006.
2 Commencement
This Act commences on the date of assent to this Act.
3 Amendment of Home Building Act 1989 No 147
The Home Building Act 1989 is amended as set out in Schedule 1.
4 Repeal of Act
(1) This Act is repealed on the day following the day on which this Act
commences.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Home Building Amendment (Statutory Warranties) Bill 2006
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 18D Extension of statutory warranties
Omit ", except for work and materials in respect of which the person's
predecessor has enforced the warranty".
[2] Section 18D (2)
Insert at the end of section 18D:
(2) Subsection (1) does not give a successor in title any right to
enforce a statutory warranty in proceedings in relation to a
deficiency in work or materials if the warranty has already been
enforced in relation to that particular deficiency by the person's
predecessor in title.
[3] Section 18E Proceedings for breach of warranties
Insert at the end of the section:
(2) The fact that a person entitled to the benefit of a statutory
warranty specified in paragraph (a), (b), (c), (e) or (f) of section
18B has enforced the warranty in proceedings in relation to a
particular deficiency in the work does not prevent the person
from enforcing the same warranty in subsequent proceedings for
a deficiency of a different kind in the work if:
(a) the deficiency the subject of the subsequent proceedings
was in existence when the work to which the warranty
relates was completed, and
(b) the person did not know, and could not reasonably be
expected to have known, of the existence of the deficiency
at the conclusion of the earlier proceedings, and
(c) the subsequent proceedings are brought within the period
referred to in subsection (1).
[4] Schedule 4 Savings and transitional provisions
Insert at the end of clause 2 (1):
Home Building Amendment (Statutory Warranties) Act 2006
Page 3
Home Building Amendment (Statutory Warranties) Bill 2006
Schedule 1 Amendments
[5] Schedule 4, Part 13
Insert after Part 12:
Part 13 Provisions consequent on Home Building
Amendment (Statutory Warranties) Act
2006
78 Proceedings for breach of statutory warranties
(1) In this clause:
amending Act means the Home Building Amendment (Statutory
Warranties) Act 2006.
(2) Part 2C, as amended by the amending Act, extends to a breach of
warranty that occurred before the commencement of this clause.
(3) Part 2C, as amended by the amending Act, applies to and in
respect of proceedings to enforce a statutory warranty that are
commenced after the commencement of this clause and that are
subsequent to earlier proceedings to enforce the same warranty
that were finally disposed of before that commencement.
(4) Part 2C, as amended by the amending Act, applies to or in respect
of subsequent proceedings to enforce a statutory warranty that
were commenced before the commencement of this clause and
that have not been heard.
Page 4
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