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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
House Contracts Guarantee (HIH Further
Amendment) Act 2001
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Principal Act 2
4. Interpretation 2
5. New section 36A inserted 3
36A. Existing proceedings to be affected by amendments 3
6. Indemnity 3
7. Who is not covered by the indemnity? 4
ENDNOTES 6
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PARLIAMENT OF VICTORIA
Initiated in Assembly 31 October 2001
A BILL
to further amend the House Contracts Guarantee Act 1987 in
relation to the Domestic Building (HIH) Indemnity Scheme and for
other purposes.
House Contracts Guarantee (HIH
Further Amendment) Act 2001
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to make various
amendments to the House Contracts Guarantee
Act 1987 in relation to the Domestic Building
5 (HIH) Indemnity Scheme.
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House Contracts Guarantee (HIH Further Amendment) Act
2001
s. 2
Act No.
2. Commencement
This Act is deemed to have come into operation
on 8 June 2001.
3. Principal Act
See:
5 In this Act, the House Contracts Guarantee Act Act No.
1987 is called the Principal Act. 44/1987
Reprint No. 4
as at
8 June 2001
and
amending
Act No.
44/2001.
LawToday:
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dpc.vic.
gov.au
4. Interpretation
(1) In section 35 of the Principal Act insert the
following definitions--
10 ' "building owner" has the same meaning as it
has in the Domestic Building Contracts Act
1995;
"building site" has the same meaning as it has in
the Domestic Building Contracts Act 1995;
15 "developer" in relation to a HIH policy, means
any building owner or other person for
whom three or more homes were being or
were proposed to be built--
(a) on any one building site; or
20 (b) on more than one building site under a
major domestic building contract--
at the time that the building work to which
the HIH policy applied commenced;
"home" has the same meaning as it has in the
25 Domestic Building Contracts Act 1995;
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"major domestic building contract" has the
same meaning as it has in the Domestic
Building Contracts Act 1995;'.
(2) At the end of section 35 of the Principal Act
5 insert--
"(2) In calculating the number of homes that were
being built or were proposed to be built for
the purposes of determining whether a
building owner or other person is a
10 developer, a home which was or was to be
the principal place of residence of that
building owner or person is to be
disregarded.".
5. New section 36A inserted
15 After section 36 of the Principal Act insert--
"36A. Existing proceedings to be affected by
amendments
To avoid doubt it is declared that the
amendments made to this Part by the House
20 Contracts Guarantee (HIH Further
Amendment) Act 2001 are intended to
affect the rights of parties to proceedings
commenced in any court or tribunal but not
finally determined before the date on which
25 that Act received the Royal Assent.".
6. Indemnity
At the end of section 37 of the Principal Act
insert--
"(2) Despite any provision of a HIH policy which
30 limits the liability of HIH if it ceases to
trade, a person is deemed for the purposes of
this section to be entitled to an indemnity
under a HIH policy if that person would have
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2001
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Act No.
been entitled to that indemnity if HIH had
not ceased to trade.".
7. Who is not covered by the indemnity?
(1) After section 38(1)(a) of the Principal Act
5 insert--
"(aa) to the developer covered by the HIH policy,
or".
(2) After section 38(1)(b) of the Principal Act
insert--
10 "(ba) to any loss indemnified under the HIH policy
that is a not a loss of a kind required by the
relevant order under section 135 of the
Building Act 1993 to be indemnified; or".
(3) After section 38(2) of the Principal Act insert--
15 "(3) Section 37 does not apply to indemnify a
loss if the indemnity for that loss under the
HIH policy arises solely because--
(a) a claim for the loss has been made on
the HIH policy on or after 16 December
20 2000; and
(b) the claim is deemed to have been
accepted under the HIH policy because
it was not dealt with by HIH within the
period specified by the policy.
25 (4) Nothing in sub-section (3) prevents
section 37 from applying to indemnify a loss
to the extent that the loss is indemnified
under the HIH policy otherwise than in the
circumstances set out in sub-section (3).
30 (5) If--
(a) a builder is entitled to an indemnity
under a HIH policy in relation to
building work; and
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(b) the HIH policy was issued to comply
with an order made before October
1998 under section 135 of the Building
Act 1993; and
5 (c) the building owner of the building work
to which the HIH policy applies is not
entitled to an indemnity under the HIH
policy; and
(d) the builder is not entitled to an
10 indemnity under section 37 in respect
of the indemnity under the HIH policy
because of sub-section (1)(a)--
the building owner is entitled to an
indemnity under section 37 in respect of a
15 loss to the same extent that the builder would
have been entitled under that section in
respect of that loss if sub-section (1)(a) had
not been enacted.
(6) The exclusion by sub-section (1)(aa) of a
20 developer covered by a HIH policy from an
indemnity under section 37 in respect of
building work does not affect the right of
any person who is the subsequent owner of
the building or land on which the building
25 work was carried out and who is covered by
that HIH policy to an indemnity under
section 37.".
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2001
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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