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BUILDING WORK CONTRACTORS ACT 1995 - SECT 3

BUILDING WORK CONTRACTORS ACT 1995 - SECT 3

3—Interpretation

        (1)         In this Act, unless the contrary intention appears—

"building work contractor" means—

            (a)         a person who carries on the business of performing building work for others; or

            (b)         a person who carries on the business of performing building work with a view to the sale or letting (whether by lease, licence or other agreement) of land or buildings improved as a result of the building work;

"building" includes a wall or structure and part of a building or structure;

"building owner", in relation to a domestic building work contract, means the person for whom domestic building work is or is to be performed under the contract;

"building work" means—

            (a)         the whole or part of the work of constructing, erecting, underpinning, altering, repairing, improving, adding to or demolishing a building; or

            (b)         the whole or part of the work of excavating or filling a site for work referred to in paragraph (a); or

            (c)         work of a class prescribed by regulation;

"Commissioner" means the Commissioner for Consumer Affairs;

"director" of a body corporate includes—

            (a)         a person occupying or acting in the position of director or member of the governing body of the body corporate, by whatever name called and whether or not validly appointed to occupy or duly authorised to act in the position; and

            (b)         any person in accordance with whose directions or instructions the directors or members of the governing body of the body corporate are accustomed to act;

"domestic building work" means—

            (a)         the whole or part of the work of constructing, erecting, underpinning, altering, repairing, improving, adding to or demolishing a house; or

            (b)         the whole or part of the work of excavating or filling a site for work referred to in paragraph (a); or

            (c)         work of a class prescribed by regulation;

"domestic building work contract" means a contract between a building work contractor and another person for the performance by the contractor of domestic building work (including any variation of such a contract), but does not include a subcontract for the performance of domestic building work;

"GST" means the tax payable under the GST law;

"GST law" means—

            (a)         A New Tax System (Goods and Services Tax) Act 1999 (Cwth); and

            (b)         the related legislation of the Commonwealth dealing with the imposition of a tax on the supply of goods and services;

"house" means a building intended for occupation as a place of residence but does not include a building of a class prescribed by regulation;

"licence" means a licence under Part 2; and "licensed" has a corresponding meaning;

"licence number", in relation to a licensed building work contractor, means the number assigned to the person's licence by the Commissioner;

"Magistrates Court" means the Civil (Consumer and Business) Division of the Magistrates Court;

"material", in relation to building work, includes goods to be supplied and fitted or installed in the course of the building work;

"minor domestic building work" means—

            (a)         domestic building work performed or to be performed under a domestic building work contract at a cost to the building owner that is less than the sum prescribed by regulation; or

            (b)         domestic building work performed or to be performed by a building work contractor on the contractor's own behalf where the cost of the work would, if it were performed under contract, be less than the sum prescribed by regulation;

"perform", in relation to building work, includes—

            (a)         cause building work to be performed; or

            (b)         organise or arrange for the performance of building work;

"registration" means registration under Part 3; and "registered" has a corresponding meaning;

"repealed Act" means the Builders Licensing Act 1986 repealed by Schedule 3;

"statutory warranty" means a warranty arising under Division 2 of Part 5;

"subcontract" for the performance of domestic building work means a contract for the performance of domestic building work for a building work contractor who is in turn obliged to perform the work under another contract;

"Tribunal" means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013 .

        (2)         For the purposes of Part 5, if a building work contractor and a person make an arrangement under which domestic building work at a site is to be performed in stages by the contractor under separate contracts, the contracts to which the arrangement relates will be taken to be a single domestic building work contract.