New South Wales Consolidated Acts

HOME BUILDING ACT 1989 - SECT 3

3 Definitions

(1) In this Act:
"Administration Corporation" means the Fair Trading Administration Corporation constituted under Part 7.
"Advisory Council" means the Home Building Advisory Council constituted under Part 7B.
"authority" means the following:

(a) a contractor licence (whether or not an endorsed contractor licence),

(b) a supervisor or tradesperson certificate,

(c) an owner-builder permit,

(d) a building consultancy licence.

"building consultancy licence" means a building consultancy licence referred to in section 18H or 18I.
"building consultancy work" means any work, for fee or reward, involved in, or involved in co-ordinating or supervising:

(a) the inspection of dwellings and reporting on their condition, or

(b) the conduct of inspections and the furnishing of reports, in respect of specialist work (for example, electrical, plumbing or air-conditioning work), or

(c) any other work prescribed by the regulations,

but does not include any work that is declared by the regulations to be excluded from this definition.
"business day" means any day other than:

(a) a Saturday, Sunday or public holiday, or

(b) 27, 28, 29, 30 or 31 December.

"close associate", of an applicant for, or holder of, a contractor licence or building consultancy licence or of an applicant for the renewal or restoration of such a licence is defined in section 3AA.
"contract price" means the total amount payable under a contract to do work or to supply a kit home and includes:

(a) the amount that the person contracting to do the work or to supply a kit home is to receive and retain under the contract, and

(b) the amount that the person is to receive under the contract for payment to any other person, and

(c) the amount any third person is to receive (or it is reasonably estimated will receive) directly from the person for whom the work is done or to whom the kit home is supplied in relation to the work done, or the kit home supplied, under the contract:

(i) for conveying to the building site or connecting or installing services such as gas, electricity, telephone, water and sewerage, or

(ii) for the issue of development or building consents.

"contractor licence" means a contractor licence referred to in section 4, 5 or 16A.
"Director-General" means:

(a) the Commissioner for Fair Trading, Department of Commerce, or

(b) if there is no such position in the Department-the Director-General of the Department.

"dwelling" means a building or portion of a building that is designed, constructed or adapted for use as a dwelling (such as a detached or semi-detached house, transportable house, terrace or town house, duplex, villa-home, strata or company title home unit or residential flat).
It includes any swimming pool or spa constructed for use in conjunction with a dwelling and such additional structures and improvements as are declared by the regulations to form part of a dwelling.
It does not include buildings or portions of buildings declared by the regulations to be excluded from this definition.
"electrical wiring work" has the same meaning as it has in the Electricity (Consumer Safety) Act 2004 .
"endorsed contractor licence" means a contractor licence endorsed under this Act to show that it is the equivalent of a supervisor certificate.
"gasfitting work" has the same meaning as it has in the Gas Supply Act 1996 .
"kit home" means a set of building components which, when offered for sale, is represented as sufficient for the construction of a dwelling according to a plan or instructions furnished by the supplier of the set to the purchaser in connection with the sale.
It includes a set of building components which, when offered for sale, is represented as sufficient for the construction of a garage, carport or other structure prescribed by the regulations.
It does not include a set of components for the construction of a moveable dwelling (within the meaning of the Local Government Act 1993 ) that is not capable of being registered under the Road Transport (Vehicle Registration) Act 1997 .
It does not include a set of components for the construction of a dwelling, structure or improvement prescribed by the regulations.
"nominated supervisor" means an individual:

(a) who holds an endorsed contractor licence or a supervisor certificate, and

(b) who is for the time being registered in accordance with the regulations for the purpose of supervising the doing of residential building work or specialist work.

"officer", in relation to a corporation, has the same meaning as it has in the Corporations Act 2001 of the Commonwealth.
"owner-builder" means a person who does owner-builder work (within the meaning of Part 6) and who is issued an owner-builder permit for that work.
"owner-builder permit" means an owner-builder permit referred to in section 12 or 13.
"plumbing work" means any plumbing or drainage work that, because of a relevant law, can be done lawfully only:

(a) by the holder of an endorsed contractor licence or of a supervisor or tradesperson certificate, and

(b) if a relevant law so provides, by some other person.

"relevant law" means an Act or a statutory instrument that is declared by the regulations to be an Act or statutory instrument that regulates the specialist work concerned.
"residential building work" means any work involved in, or involved in co-ordinating or supervising any work involved in:

(a) the construction of a dwelling, or

(b) the making of alterations or additions to a dwelling, or

(c) the repairing, renovation, decoration or protective treatment of a dwelling.

It includes work declared by the regulations to be roof plumbing work or specialist work done in connection with a dwelling and work concerned in installing a prescribed fixture or apparatus in a dwelling (or in adding to, altering or repairing any such installation).
It does not include work that is declared by the regulations to be excluded from this definition.
"Scheme Board" means the Home Warranty Insurance Scheme Board constituted under Part 6.
"specialist work" means:

(a) plumbing work (other than work declared by the regulations to be roof plumbing work), or

(b) gasfitting work, or

(c) electrical wiring work, or

(d) any work declared by the regulations to be refrigeration work or air-conditioning work.

"statutory warranty" means a warranty established by Part 2C.
"supervisor certificate" means a supervisor certificate referred to in section 13, 14, 15 or 16.
"supply" means supply for consideration, but does not include supply for the purposes of resale.
"tradesperson certificate" means a tradesperson certificate referred to in section 13, 14, 15 or 16.
"Tribunal" means (except in Part 4A) the Consumer, Trader and Tenancy Tribunal established by the Consumer, Trader and Tenancy Tribunal Act 2001 .

(1A) When an additional structure or improvement is declared, by a regulation made for the purposes of the definition of "dwelling" in subsection (1), to form part of a dwelling, any particular structure or improvement included in the declaration is to be regarded as a dwelling for the purposes of this Act, whether or not there exists any dwelling of which it could be taken to form part.

(2) In this Act:

(a) a reference to a function includes a reference to a power, authority and duty, and

(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.

(3) In this Act, a reference to a contractor licence, a building consultancy licence, a supervisor or tradesperson certificate or an owner-builder permit includes a reference to a renewed instrument of the same kind.

(4) In this Act, a reference to conditions includes a reference to terms, restrictions and prohibitions.

(5) Notes included in this Act are explanatory notes and do not form part of this Act.