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PARLIAMENT OF VICTORIA
House Contracts Guarantee (HIH) Act 2001
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 3
PART 2--AMENDMENT OF HOUSE CONTRACTS
GUARANTEE ACT 1987 4
3. Amendment of purposes 4
4. Application of Act 4
5. Amendment of constitution of HGFL 4
6. Deferral of winding up of HGFL 5
7. Repeal of sections 35 to 38 6
8. New Part 6 inserted 6
PART 6--DOMESTIC BUILDING (HIH) INDEMNITY
SCHEME 6
Division 1--Introductory 6
35. Interpretation 6
36. This Part only applies in respect of work carried out or
to be carried out in Victoria 8
Division 2--Indemnity 8
37. Indemnity 8
38. What is not covered by the indemnity? 8
39. What are the functions and powers of HGFL in relation
to the indemnity scheme? 10
40. Who can make a claim under the scheme? 10
41. Procedure for claims 11
42. When is a claim paid? 12
43. Assignment of rights 12
44. HGFL may require builder to make payments or rectify
work 12
45. Other rights not affected 13
Division 3--Domestic Building (HIH) Indemnity Fund 14
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Clause Page
46. Domestic Building (HIH) Indemnity Fund 14
47. Payments to Consolidated Fund 15
48. How can the Fund be invested? 15
49. What happens to the Fund on the winding up of HGFL? 16
50. HGFL to report to Minister 16
51. Auditor-General to audit accounts of Fund 16
52. Annual report 17
Division 4--General 17
53. Can HGFL enter into arrangements and agreements with
liquidator of HIH? 17
54. Effect of Corporations Law 17
55. Offence to make false statements 18
56. Regulation-making powers 18
PART 3--AMENDMENT OF BUILDING ACT 1993 19
9. Required insurance 19
10. Deferral of suspension 19
11. Failure to comply with insurer's direction 20
12. Domestic building (HIH) indemnity account 20
13. Additional building permit levy for domestic building work 21
14. Repeal of additional levy 22
15. New clause 28 inserted in Schedule 4 22
PART 4--AMENDMENT OF DOMESTIC BUILDING
CONTRACTS ACT 1995 24
16. Amendment of Domestic Building Contracts Act 1995 24
PART 5--AMENDMENT OF SALE OF LAND ACT 1962 25
17. Amendment of section 32 of the Sale of Land Act 1962 25
ENDNOTES 26
ii
541201B.I1-1/6/2001 BILL LA CIRCULATION 1/6/2001
PARLIAMENT OF VICTORIA
Initiated in Assembly 30 May 2001
A BILL
to amend the House Contracts Guarantee Act 1987 to establish an
indemnity scheme in respect of certain classes of domestic building
work affected by the collapse of the HIH Insurance Group, to amend
the Building Act 1993, the Domestic Building Contracts Act 1995
and the Sale of Land Act 1962 and for other purposes.
House Contracts Guarantee (HIH) Act
2001
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The main purposes of this Act are--
(a) to amend the House Contracts Guarantee
5 Act 1987--
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House Contracts Guarantee (HIH) Act 2001
s. 1
Act No.
(i) to establish an indemnity scheme in
respect of losses arising in respect of
certain classes of domestic building
work affected by the collapse of the
5 HIH Insurance Group; and
(ii) to give additional functions to Housing
Guarantee Fund Limited to administer
the scheme on behalf of the State; and
(iii) to establish a Domestic Building (HIH)
10 Indemnity Fund for the purposes of the
scheme; and
(iv) to allow for the making of claims under
the scheme; and
(b) to amend the Building Act 1993--
15 (i) in relation to the provision by owner-
builders of information relating to
required insurance; and
(ii) to provide for an additional building
permit levy in respect of domestic
20 building work; and
(iii) to extend the powers of Housing
Guarantee Fund Limited to recommend
the taking of disciplinary action against
domestic builders; and
25 (iv) to limit for a time the operation of the
provisions relating to the mandatory
suspension of registration of building
practitioners; and
(c) to amend the Domestic Building Contracts
30 Act 1995 to provide for rights of action by or
against Housing Guarantee Fund Limited
under that Act in relation to the operation of
the indemnity scheme; and
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s. 2
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(d) to amend section 32 of the Sale of Land Act
1962 in relation to the provision of
information relating to required insurance
under the Building Act 1993.
5 2. Commencement
(1) This Act (except sections 14 and 15) comes into
operation on the day after the day on which it
receives the Royal Assent.
(2) Sections 14 and 15 come into operation on a day
10 to be proclaimed.
(3) If sections 14 and 15 do not come into operation
before 30 June 2010, they come into operation on
that day.
_______________
15
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House Contracts Guarantee (HIH) Act 2001
s. 3
Act No.
PART 2--AMENDMENT OF HOUSE CONTRACTS
GUARANTEE ACT 1987
3. Amendment of purposes
See: After section 1(c) of the House Contracts
Act No.
5 Guarantee Act 1987 insert--
44/1987.
Reprint No. 3
"and
as at
4 March 1999
(d) to establish an indemnity scheme in respect
LawToday:
www.dms.
of losses arising in respect of certain classes
dpc.vic.
of domestic building work affected by the
gov.au
10 collapse of the HIH Insurance Group.".
4. Application of Act
In sections 4(1) and 4(2) of the House Contracts
Guarantee Act 1987, after "This Act" insert
"(except sections 22 and 22A and Part 6)".
15 5. Amendment of constitution of HGFL
(1) After section 22(1A) of the House Contracts
Guarantee Act 1987 insert--
'(1B) The constitution of Housing Guarantee Fund
Limited is deemed to include the following
20 clauses--
"E. To carry out any functions and exercise
any powers conferred on Housing
Guarantee Fund Limited under Part 6 of
the House Contracts Guarantee Act
25 1987 and under the Building Act 1993
and the Domestic Building Contracts
Act 1995.
F. Clause E inserted in this constitution by
section 5 of the House Contracts
30 Guarantee (HIH) Act 2001 applies
despite anything to the contrary in the
constitution existing immediately
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before the commencement of that
section.".'.
(2) After section 22(6) of the House Contracts
Guarantee Act 1987 insert--
5 "(7) Sub-sections (1A) and (1B) have effect
despite any provision of the Corporations
(Victoria) Act 1990 or of the applicable
provisions (as defined in that Act) of the
State.".
10 6. Deferral of winding up of HGFL
(1) In section 22A(1) of the House Contracts
Guarantee Act 1987, for paragraph (b)
substitute--
"(b) carrying out the functions conferred on
15 Housing Guarantee Fund Limited under
Part 6; and
(c) winding up Housing Guarantee Fund
Limited as soon as practicable after--
(i) completion of all claims after the
20 expiration of all guarantees given under
this Act; and
(ii) completion of all claims after the
expiration of all indemnities given
under the indemnity scheme under Part
25 6 of this Act.".
(2) After section 22A(9) of the House Contracts
Guarantee Act 1987 insert--
"(9A) The approved guarantor's Funds do not, for
any purpose, include the Domestic Building
30 (HIH) Indemnity Fund established under
Part 6.".
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7. Repeal of sections 35 to 38
Sections 35, 36, 37 and 38 of the House
Contracts Guarantee Act 1987 are repealed.
8. New Part 6 inserted
5 After Part 5 of the House Contracts Guarantee
Act 1987 insert--
'PART 6--DOMESTIC BUILDING (HIH)
INDEMNITY SCHEME
Division 1--Introductory
10 35. Interpretation
In this Part--
"builder" has the same meaning as it has in
the Domestic Building Contracts Act
1995;
15 "domestic building work" has the same
meaning as it has in the Domestic
Building Contracts Act 1995;
"HGFL" means Housing Guarantee Fund
Limited;
20 "HIH" means--
(a) HIH Casualty and
General Insurance Ltd.
A.C.N. 008 482 291; or
(b) FAI General Insurance Company
25 Ltd. A.C.N. 000 327 855;
"HIH policy" means a contract of
insurance--
(a) which was underwritten by HIH
(otherwise than as reinsurer)
30 before the relevant date; and
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s. 8
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(b) which at the time it was
underwritten by HIH was--
(i) insurance required by order
under section 135(1)(a) and
5 (c) of the Building Act
1993 in relation to the
carrying out of domestic
building work or managing
or arranging the carrying out
10 of domestic building work;
or
(ii) insurance required by order
under section 135(1)(b) and
(c) of the Building Act
15 1993; and
(c) which relates to building work for
which a building permit was
issued under the Building Act
1993 before the relevant date;
20 "liquidator" includes provisional liquidator;
"loss" includes damage and costs;
"owner-builder" in relation to a building,
means--
(a) a person to whom section
25 137B(2) of the Building Act
1993 applies; or
(b) a mortgagee in possession of the
building from that person; or
(c) an executor or administrator of
30 the estate of that person;
"relevant date" means 30 April 2001.
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36. This Part only applies in respect of work
carried out or to be carried out in Victoria
Nothing in this Part applies in relation to any
building work carried out or to be carried out
5 outside Victoria or to any loss arising in
relation to that work.
Division 2--Indemnity
37. Indemnity
Subject to this Part, the State must indemnify
10 any person who is entitled to an indemnity
under a HIH policy to the extent of the
indemnity under that policy.
38. What is not covered by the indemnity?
(1) An indemnity under section 37 does not
15 apply--
(a) to the builder or owner-builder covered
by the HIH policy; or
(b) to any loss if an indemnity is provided
in relation to the loss by another
20 contract of insurance which is--
(i) insurance required by order under
section 135(1)(a) and (c) of the
Building Act 1993 in relation to
the carrying out of domestic
25 building work or managing or
arranging the carrying out of
domestic building work; or
(ii) insurance required by order under
section 135(1)(b) and (c) of the
30 Building Act 1993; or
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(c) to any loss if a claim has been made
under the HIH policy in respect of the
loss and payment in full has been
received by the claimant; or
5 (d) to any loss if--
(i) a claim for the loss was
determined by the Tribunal or a
court before the relevant date not
to be a valid claim under the HIH
10 policy; and
(ii) the claimant is not entitled to
bring any further proceedings on
or after the relevant date to appeal
against or seek a review of that
15 determination; or
(e) to any loss if the building work to
which the indemnity under the HIH
policy applied commenced on site on or
after 31 May 2001.
20 (2) If a claim has been made under a HIH policy
in respect of a loss and settlement has been
reached or a determination has been made by
the Tribunal or a court in respect of the
claim--
25 (a) the amount of the loss for which an
indemnity is provided under section 37
in respect of the loss is the amount so
agreed in the settlement or determined
by the Tribunal or the court; and
30 (b) the amount of the loss for which an
indemnity is provided under section 37
in respect of the loss is reduced by any
amount paid by HIH or a liquidator of
HIH to the claimant in respect of the
35 claim on the HIH policy.
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39. What are the functions and powers of
HGFL in relation to the indemnity scheme?
(1) HGFL is responsible for the administration
of--
5 (a) the indemnity scheme established under
this Part; and
(b) the Domestic Building (HIH)
Indemnity Fund.
(2) HGFL has any other functions conferred on
10 it under this Part.
(3) Without limiting its other powers, HGFL has
any powers necessary to carry out its
functions under this Part.
(4) HGFL acts on behalf of the State in carrying
15 out its functions and exercising its powers
under or for the purposes of this Part.
(5) No claim under this Part can be made on the
assets of HGFL and the assets of HGFL are
not available for the payment of any amount
20 of claim, costs or expenses under this Part.
40. Who can make a claim under the scheme?
(1) A person who has incurred a loss which is
covered by an indemnity under section 37
may make a claim against the Domestic
25 Building (HIH) Indemnity Fund in respect of
that loss.
(2) A claim must be lodged with HGFL in
accordance with the procedures approved by
the Minister under section 41.
30 (3) A claim may be made under this section in
respect of a loss whether or not a claim in
respect of that loss has been made against
HIH or a liquidator of HIH or any other
person.
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(4) If a claim is made under this section, the
liquidator of HIH must make available to
HGFL, on request, copies of any relevant
documents held by the liquidator in relation
5 to the HIH policy to which the claim relates.
41. Procedure for claims
(1) Subject to sub-section (2), HGFL may from
time to time submit to the Minister for
approval the procedures it proposes to adopt
10 in the handling and resolution of claims
under this Part.
(2) HGFL must submit the first procedures to be
adopted under this Part to the Minister for
approval immediately after the
15 commencement of section 8 of the House
Contracts Guarantee (HIH) Act 2001.
(3) HGFL may propose to adopt as part of its
procedures--
(a) the requirement that a claim be made in
20 a particular way; and
(b) the requirement that a claim be made
within a particular time; and
(c) the requirement that a claimant supply
to it a statutory declaration made by the
25 claimant verifying any information
supplied to HGFL by the claimant in
respect of the claim.
(4) The Minister may approve the procedures
with or without amendment.
30 (5) HGFL must adopt the procedures approved
by the Minister.
(6) A procedure does not take effect unless it has
been approved by the Minister.
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(7) Until procedures are approved under this
section, the procedures approved under
section 13 apply (with any necessary
modifications) to claims under this Part.
5 42. When is a claim paid?
If HGFL accepts a claim in respect of a loss
covered by an indemnity under section 37,
HGFL must pay to the person out of the
Domestic Building (HIH) Indemnity Fund
10 the amount assessed by HGFL as payable
under the indemnity.
43. Assignment of rights
(1) HGFL must not pay any amount under
section 42 in respect of a claim unless--
15 (a) the person entitled to payment under
the claim has first assigned in writing to
the State the person's right to recover
from HIH, the builder or, if required by
HGFL, any other person any amount in
20 respect of the loss; and
(b) express notice in writing of the
assignment has been given to HIH, the
builder or other person, as the case
requires.
25 (2) If a person assigns to HGFL a right to
recover from HIH under a HIH policy, the
liquidator of HIH must not take into account
any amount paid out under an indemnity
under this Part in determining a claim under
30 that policy.
44. HGFL may require builder to make
payments or rectify work
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s. 8
Act No.
(1) Subject to sub-section (3), if a claim is made
under section 40 for loss arising from
incomplete or defective building work,
HGFL may give reasonable directions to the
5 builder concerned in respect of--
(a) the completion of the building work or
the rectification of the defective
building work; or
(b) the payment by the builder to the
10 Domestic Building (HIH) Indemnity
Fund of any amount in respect of the
completion of the building work or the
rectification of the defective building
work.
15 (2) Subject to sub-section (3), if a claim is made
under section 40, HGFL may direct the
builder concerned to pay to the Domestic
Building (HIH) Indemnity Fund any amount
paid out of the Fund on that claim.
20 (3) HGFL may only give a direction under sub-
section (1) or (2) to the extent that HIH
would be able to require that work or require
a payment to HIH by the builder under the
relevant HIH policy.
25 (4) A builder must comply with a direction
under sub-section (1) or (2).
(5) HGFL may recover an amount to be paid by
a builder under this section in any court of
competent jurisdiction as a debt due to the
30 State.
45. Other rights not affected
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s. 8
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Subject to section 43, nothing in this Part
affects any right that a person has against an
owner-builder or a builder under a domestic
building contract or at common law or under
5 the Domestic Building Contracts Act 1995
or the Building Act 1993.
Division 3--Domestic Building (HIH)
Indemnity Fund
46. Domestic Building (HIH) Indemnity Fund
10 (1) There is to be established a Fund to be called
the Domestic Building (HIH) Indemnity
Fund.
(2) There must be paid into the Fund--
(a) any money appropriated by Parliament
15 for the purposes of the Fund;
(b) all money paid out of the domestic
building (HIH) indemnity account in
the Building Administration Fund
under section 200(7D) of the Building
20 Act 1993;
(c) money recovered by the State from any
person under a right assigned under
section 43;
(d) money paid or recovered under section
25 44;
(e) all other money authorised or required
to be paid to the Fund by any person or
body;
(f) income from the investment of the
30 Fund.
(3) There may be paid out of the Fund--
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(a) the costs and expenses incurred in
establishing and administering the
indemnity scheme under this Part;
(b) money directed under section 47 to be
5 paid out of the Fund;
(c) the amount of any claim payable under
this Part;
(d) any amount determined by the Auditor-
General to defray the reasonable costs
10 and expenses of an audit of the
accounts of the Fund;
(e) any other amount authorised under this
Part or under any other Act to be paid
out of the Fund.
15 (4) All amounts paid out of the Fund under sub-
section (3)(d) must be paid into the
Consolidated Fund.
(5) All money in the Fund is an asset of the
State.
20 47. Payments to Consolidated Fund
(1) If the Treasurer is satisfied that there is in the
Domestic Building (HIH) Indemnity Fund at
any time an amount in excess of the amount
required to meet the anticipated payments
25 from the Fund, the Treasurer after
consultation with HGFL may direct the
payment of the whole or any part of that
excess amount out of the Fund into the
Consolidated Fund.
30 (2) HGFL must comply with a direction under
sub-section (1).
48. How can the Fund be invested?
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Act No.
HGFL may invest any part of the Domestic
Building (HIH) Indemnity Fund not
immediately required for the purposes of the
Fund in any manner approved by the
5 Treasurer.
49. What happens to the Fund on the winding
up of HGFL?
On the winding up of HGFL, all money
standing to the credit of the Domestic
10 Building (HIH) Indemnity Fund must be
paid into the Consolidated Fund.
50. HGFL to report to Minister
HGFL must from time to time at the
direction of the Minister report to the
15 Minister in the manner required by the
Minister on amounts paid into and out of the
Domestic Building (HIH) Indemnity Fund.
51. Auditor-General to audit accounts of Fund
(1) The accounts of the Domestic Building
20 (HIH) Indemnity Fund must be audited
annually by the Auditor-General.
(2) The requirements of sub-section (1) are in
addition to the requirements of the
Corporations Law.
25 (3) The Auditor-General has in respect of the
audit all the powers conferred on the
Auditor-General by any law relating to the
audit of the Public Account.
(4) The Auditor-General must submit a report of
30 the audit to the Minister.
(5) The Minister must cause a copy of any audit
report to be laid before each House of
Parliament within 7 sitting days of that
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s. 8
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House after it is received by the Minister
under sub-section (4).
52. Annual report
HGFL must include in any annual report
5 prepared under section 25A--
(a) particulars of its administration of the
indemnity scheme established under
this Part and the Domestic Building
(HIH) Indemnity Fund; and
10 (b) the audited financial statements of the
Domestic Building (HIH) Indemnity
Fund.
Division 4--General
53. Can HGFL enter into arrangements and
15 agreements with liquidator of HIH?
HGFL may, with the approval of the
Minister--
(a) enter into agreements or arrangements
on behalf of the State with; and
20 (b) on behalf of the State accept any
assignment from--
any liquidator of HIH or any other person for
the purpose of the settling of any claim for
loss in respect of which an assignment was
25 made under section 43 or for any other
purpose relating to an indemnity under this
Part.
54. Effect of Corporations Law
This Part has effect despite any provision of
30 the Corporations (Victoria) Act 1990 or of
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s. 8
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the applicable provisions (as defined in that
Act) of the State.
55. Offence to make false statements
A person must not make a false or
5 misleading statement in relation to the
making of a claim under this Part.
Penalty: 100 penalty units.
56. Regulation-making powers
The Governor in Council may make
10 regulations for or with respect to any matter
or thing required or permitted by this Part to
be prescribed or necessary to be prescribed
to give effect to this Part.'.
_______________
15
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s. 9
Act No.
PART 3--AMENDMENT OF BUILDING ACT 1993
9. Required insurance
See:
(1) After section 137A(2) of the Building Act 1993 Act No.
insert-- 126/1993.
Reprint No. 3
5 "(3) A builder who holds a HIH policy within the as at
1 January
meaning of Part 6 of the House Contracts 1999 and
Guarantee Act 1987 is deemed for the amending
Act Nos
purposes of sections 136(2) and 137 to be 99/1997,
covered by the required insurance in relation 18/1998,
75/1998,
10 to any building work to which the indemnity 91/1998,
under Part 6 of the House Contracts 17/1999,
28/2000,
Guarantee Act 1987 applies.". 35/2000,
85/2000,
(2) After section 137B(5) of the Building Act 1993 91/2000 and
insert-- 11/2001.
LawToday:
15 "(5A) It is and is to be taken always to have been www.dms.
dpc.vic.
sufficient compliance with sub-section (2)(c) gov.au
if a certificate is or was given evidencing the
existence of required insurance in the form
of a HIH policy (within the meaning of Part
20 6 of the House Contracts Guarantee Act
1987) applying to the residence.".
10. Deferral of suspension
(1) After section 172(7) of the Building Act 1993
insert--
25 "(8) Despite sub-section (3), the Board may defer
suspending a person's registration under this
Part for failure to comply with sub-section
(2) if the Board is satisfied that--
(a) the person has applied for the required
30 insurance; and
(b) the only reason for the failure is that the
insurer has not made a decision on the
application.
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(9) Sub-section (8) ceases to have effect on
31 July 2001.".
(2) After section 174(3) of the Building Act 1993
insert--
5 "(4) Despite sub-section (1), the Board may defer
suspending a person's registration under that
sub-section if the Board is satisfied that--
(a) the person has applied for the required
insurance; and
10 (b) the only reason for the person not being
covered by the required insurance is
that the insurer has not made a decision
on the application.
(5) Sub-section (4) ceases to have effect on
15 31 July 2001.".
11. Failure to comply with insurer's direction
(1) In section 174A(1) of the Building Act 1993,
after "Act 1987" insert "or a failure by the
builder to comply with a direction under section
20 44 of the House Contracts Guarantee Act
1987".
(2) In section 179(1)(fa) of the Building Act 1993,
after "Act 1987" insert "or has failed to comply
with a direction under section 44 of the House
25 Contracts Guarantee Act 1987".
12. Domestic building (HIH) indemnity account
(1) In section 200(2) of the Building Act 1993--
(a) in paragraph (d) for "account." substitute
"account; and";
30
(b) after paragraph (d) insert--
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s. 13
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"(e) the domestic building (HIH) indemnity
account.".
(2) In section 200(3) of the Building Act 1993, after
"levy" (where first occurring) insert "payable
5 under section 201(1)".
(3) After section 200(3B) of the Building Act 1993
insert--
"(3C) Amounts paid into the fund on account of the
building permit levy payable under section
10 201(1A) must be credited to the domestic
building (HIH) indemnity account.".
(4) In section 200(5) of the Building Act 1993--
(a) in paragraph (c) for "or (7C)." substitute "or
7C; or";
15 (b) after paragraph (c) insert--
"(d) out of the domestic building (HIH)
indemnity account in accordance with
sub-section (7D).".
(5) After section 200(7C) of the Building Act 1993
20 insert--
"(7D) Any amount standing to the credit of the
domestic building (HIH) indemnity account
at the end of each month must be paid within
7 days to the Domestic Building (HIH)
25 Indemnity Fund established under Part 6 of
the House Contracts Guarantee Act
1987.".
13. Additional building permit levy for domestic building
work
30 (1) In section 201 of the Building Act 1993, for sub-
section (1A) substitute--
"(1A) There is imposed by this Act, in addition to
the levy imposed by sub-section (1), a
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House Contracts Guarantee (HIH) Act 2001
s. 14
15
Act No.
building permit levy of .032 cents in every
dollar of the cost of domestic building work
for which a building permit is sought.
(1B) A building permit levy is not payable under
5 sub-section (1) or (1A) in relation to an
application for a building permit if the cost
of the building work is $10 000 or less.".
(2) After section 201(9) of the Building Act 1993
insert--
10 "(10) The additional levy imposed by sub-section
(1A) is not payable in respect of an
application for a building permit made
before the commencement of section 13 of
the House Contracts Guarantee (HIH) Act
15 2001.".
14. Repeal of additional levy
(1) In section 201 of the Building Act 1993, sub-
section (1A) is repealed.
(2) In section 201(1B) of the Building Act 1993,
20 omit "or (1A)".
15. New clause 28 inserted in Schedule 4
In Schedule 4 of the Building Act 1993, after
clause 27 insert--
"28. Saving provision--repeal of additional levy
25 (1) The repeal of section 201(1A) by section 14 of the
House Contracts Guarantee (HIH) Act 2001 does
not affect--
(a) any liability to pay any levy imposed under that
provision before that repeal; or
30 (b) any right, obligation or power of any person
relating to the payment, collection, recovery or
receipt of any levy so imposed.
(2) The provisions of sub-section (1) are in addition to
and not in derogation of the provisions of the
35 Interpretation of Legislation Act 1984.".
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541201B.I1-1/6/2001 BILL LA CIRCULATION 1/6/2001
House Contracts Guarantee (HIH) Act 2001
Act No.
_______________
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541201B.I1-1/6/2001 BILL LA CIRCULATION 1/6/2001
House Contracts Guarantee (HIH) Act 2001
s. 16
Act No.
PART 4--AMENDMENT OF DOMESTIC BUILDING
CONTRACTS ACT 1995
16. Amendment of Domestic Building Contracts Act 1995
See: (1) In section 3(1) of the Domestic Building
Act No.
5 Contracts Act 1995, in the definition of "insurer"
91/1995.
Reprint No. 4 after paragraph (b) insert--
as at
11 May 2000
"and
and
amending Act
(c) in relation to any domestic building work or
No. 74/2000.
domestic building contract to which Part 6 of
LawToday:
www.dms.
10 the House Contracts Guarantee Act 1987
dpc.vic.
applies, the Housing Guarantee Fund
gov.au
Limited A.C.N. 006 258 233.".
(2) In section 60(1) of the Domestic Building
Contracts Act 1995, after "1987" insert "or from
15 an indemnity under Part 6 of the House
Contracts Guarantee Act 1987".
(3) In section 61(1) of the Domestic Building
Contracts Act 1995, after "1987" insert "or from
an indemnity under Part 6 of the House
20 Contracts Guarantee Act 1987".
(4) In section 62 of the Domestic Building
Contracts Act 1995, after "guarantee" insert "or
indemnity".
_______________
25
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541201B.I1-1/6/2001 BILL LA CIRCULATION 1/6/2001
House Contracts Guarantee (HIH) Act 2001
s. 17
Act No.
PART 5--AMENDMENT OF SALE OF LAND ACT 1962
17. Amendment of section 32 of the Sale of Land Act
1962
See:
After section 32(9) of the Sale of Land Act 1962 Act No.
5 insert-- 6975/1962.
Reprint No. 11
"(10) It is and is to be taken always to have been as at
6 January
sufficient compliance with sub-section 2000
(1A)(c) if particulars are or were given of a and
amending
HIH policy (within the meaning of Part 6 of Act Nos
10 the House Contracts Guarantee Act 1987) 74/2000 and
11/2001.
applying to the residence.". LawToday:
www.dms.
dpc.vic.
gov.au
25
541201B.I1-1/6/2001 BILL LA CIRCULATION 1/6/2001
House Contracts Guarantee (HIH) Act 2001
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
26
541201B.I1-1/6/2001 BILL LA CIRCULATION 1/6/2001
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