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TASMANIA
__________
HOUSING INDEMNITY AMENDMENT BILL 2008
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 5 amended (Exclusion of certain building work)
6. Part 2A inserted
PART 2A Consumer Guide
9A. Interpretation
9B. Consumer guide
9C. Replacement of consumer guide
9D. Availability of consumer guide
9E. Offence if builder fails to give owner consumer
guide
9F. Status of consumer guide
7. Part 3 repealed
8. Sections 20B and 21 repealed
[Bill 20]-V
2
HOUSING INDEMNITY AMENDMENT BILL 2008
(Brought in by the Minister for Justice, the Honourable David
Edward Llewellyn)
A BILL FOR
An Act to amend the Housing Indemnity Act 1992
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Housing Indemnity
Amendment Act 2008.
2. Commencement
The provisions of this Act commence on a day
or days to be proclaimed.
3. Principal Act
In this Act, the Housing Indemnity Act 1992* is
referred to as the Principal Act.
*No. 49 of 1992
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Housing Indemnity Amendment Act 2008
Act No. of
s. 4
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by omitting the definition of "claim";
(b) by omitting the definitions of "insured"
and "insurer";
(c) by omitting the definition of "owner-
builder";
(d) by omitting the definitions of "policy"
and "the prescribed insurance cover".
5. Section 5 amended (Exclusion of certain building
work)
Section 5(1)(a) of the Principal Act is amended
by omitting ", an owner-builder".
6. Part 2A inserted
After section 9 of the Principal Act, the
following Part is inserted:
PART 2A CONSUMER GUIDE
9A. Interpretation
In this Part
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Housing Indemnity Amendment Act 2008
Act No. of
s. 6
"consumer guide" means a consumer
guide prepared under section 9B
or 9C;
"Director" means the Director of
Consumer Affairs and Fair
Trading appointed under section
9 of the Consumer Affairs Act
1988.
9B. Consumer guide
(1) The Director must prepare a consumer
guide.
(2) The consumer guide is to
(a) contain information about the
operation of this Act; and
(b) if Part 3 is in operation, contain
information about the scope and
limitations of policies; and
(c) contain any other information
relevant to the operation of this
Act that the Director considers
necessary.
(3) After preparing the consumer guide, the
Director must cause a notice to be
published in the Gazette and in 3
newspapers circulating generally in
Tasmania specifying
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Housing Indemnity Amendment Act 2008
Act No. of
s. 6
(a) that the consumer guide has been
prepared; and
(b) the purpose of the consumer
guide with particular reference to
section 9E; and
(c) how and where copies of the
consumer guide may be obtained;
and
(d) the date on which the consumer
guide is to take effect; and
(e) any other information relating to
the consumer guide that the
Director considers necessary.
9C. Replacement of consumer guide
(1) The Director may rescind a consumer
guide and prepare a new consumer guide.
(2) After preparing a new consumer guide,
the Director must cause notice of it to be
published in the manner specified in
section 9B(3).
9D. Availability of consumer guide
The Director must, by electronic means
and any other means the Director
considers necessary, take all reasonable
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Housing Indemnity Amendment Act 2008
Act No. of
s. 6
steps to ensure that copies of a consumer
guide are publicly available.
9E. Offence if builder fails to give owner
consumer guide
(1) A builder must, before performing
building work to which this Division
applies, give the owner a consumer
guide.
Penalty: In the case of
(a) a body corporate, a fine
not exceeding 20 penalty
units; or
(b) an individual, a fine not
exceeding 10 penalty
units.
(2) A document signed by an owner
containing a statement that a builder has
given the owner a consumer guide is
evidence of that matter and, in the
absence of evidence to the contrary, is
proof of that matter.
9F. Status of consumer guide
A consumer guide is not
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Housing Indemnity Amendment Act 2008
Act No. of
s. 7
(a) a statutory rule for the purposes
of the Rules Publication Act
1953; or
(b) subordinate legislation for the
purposes of the Subordinate
Legislation Act 1992.
7. Part 3 repealed
Part 3 of the Principal Act is repealed.
8. Sections 20B and 21 repealed
Sections 20B and 21 of the Principal Act are
repealed.
8 Government Printer, Tasmania