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PARLIAMENT OF VICTORIA
Domestic Building Contracts (Amendment) Act
1999
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 1
3. Insertion of section 13A 2
13A. Effect of GST clauses on certain contracts 2
NOTES 4
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541023B.I1-3/12/99
PARLIAMENT OF VICTORIA
Initiated in Assembly 1 December 1999
A BILL
to amend the Domestic Building Contracts Act 1995 and for other
purposes.
Domestic Building Contracts
(Amendment) Act 1999
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the Domestic
Building Contracts Act 1995 to make provision
for the effect of GST clauses on certain domestic
5 building contracts.
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
1
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Domestic Building Contracts (Amendment) Act 1999
s. 3
Act No.
3. Insertion of section 13A
No. 91/1995. After section 13 of the Domestic Building
Reprint No. 3
Contracts Act 1995 insert--
as at 1 July
1998. Further
"13A. Effect of GST clauses on certain contracts
amended by
No. 17/1999.
5 (1) Section 13(1) does not apply, and is deemed
never to have applied, to a cost plus
contract--
(a) that was entered into on or before
8 November 1999; and
10 (b) that provides for the builder to be paid
any amount in respect of GST (as that
term is defined in the A New Tax
System (Goods and Services Tax) Act
1999 of the Commonwealth); and
15 (c) that--
(i) does not contain any other
provision that makes it a cost plus
contract; or
(ii) is a contract referred to in section
20 13(1)(a) or (b).
(2) Section 13(2) does not apply, and is deemed
never to have applied, to a cost plus contract
referred to in sub-section (1) to the extent
that it relates to an estimate of the amount
25 payable to the builder in respect of any GST
(as defined in sub-section (1)(b)).
(3) A cost plus contract--
(a) that was entered into after 8 November
1999 and before 30 November 1999;
30 and
(b) that would have been allowed as a cost
plus contract by the regulations for the
purposes of section 13 if it had been
2
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Domestic Building Contracts (Amendment) Act 1999
s. 3
Act No.
entered into on or after 30 November
1999--
is deemed to be, and to have always been, a
cost plus contract of a class allowed by the
5 regulations for the purposes of section 13.".
3
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Domestic Building Contracts (Amendment) Act 1999
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
4
541023B.I1-3/12/99
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