Tasmanian Consolidated Acts

HOUSING INDEMNITY ACT 1992 - SECT 3

In this Act, unless the contrary intention appears –

"builder" means –

(a) a person or firm engaged by an owner or owner's agent to manage or perform building work; or

(b) a person or firm carrying on the business of managing or 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 structure and part of a building or structure;

"building work" means work performed on, or for the purposes of, a residential building and includes –

(a) the erection, re-erection, construction, underpinning or alteration of a residential building and the addition to, or demolition or removal of, a residential building; and

(b) the making of any excavation, or filling for, or incidental to, the erection, re-erection, construction, underpinning or alteration of a residential building and the addition to, or demolition or removal of, a residential building; and

(c) any other work that is prescribed by the regulations to be building work –

but does not include any delivery of materials or any other work that is exempted from the application of this Act in accordance with section 6;

"building work contract" means a contract between a builder and another person for the performance by the builder of building work, but does not include a subcontract for the performance of building work;

"insolvent" means –

(a) in relation to a natural person, bankrupt or subject to a composition or deed or scheme of arrangement with, or for the benefit of, creditors; or

(b) in relation to a body corporate, subject to external administration under the Corporations Act;

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

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

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

(a) cause building work to be carried out; or

(b) manage or arrange the carrying out of building work;

"policy" means an insurance policy that complies with Division 1 or 2, as may be appropriate, of Part 3;

"the regulations" means regulations made and in force under this Act;

"residential building" means a building intended primarily for occupation as a place of residence or as an adjunct to such a building but does not include –

(a) a building divided into a number of separate places of residence that are intended only for rental; or

(b) a building of a class prescribed in the regulations for the purposes of this definition;

"statutory warranty" means a warranty arising under Part 2;

"subcontract", in relation to building work, means a contract for the performance of building work for a builder who is obliged to perform the work under a building work contract.