New South Wales Consolidated Acts

HOME BUILDING ACT 1989 - SECT 16DE

16DE Regulations concerning contracts

(1) The regulations may make provision for or with respect to:

(a) clauses or matter that must be included in a contract or a class of contracts, or

(b) clauses or matter that must not be included in a contract or a class of contracts.

(2) If the regulations require a contract or class of contracts to contain a clause in prescribed terms, a contract of the kind to which the prescription relates is taken to include the clause in the terms prescribed. A contract with a term that is inconsistent with any such clause is unenforceable to the extent of the inconsistency.

(3) If the regulations provide that any matter must not be included in a contract, or a class of contracts, any contract that contains that matter is unenforceable to the extent that it includes or applies to that matter.

(4) Any regulations made under this section do not apply to a contract in force at the time that the regulations commence.

(5) This section does not limit section 16D (3).