DOMESTIC BUILDING CONTRACTS ACT 1995

Victorian Consolidated Legislation

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DOMESTIC BUILDING CONTRACTS ACT 1995 - NOTES

No. 91 of 1995
Version incorporating amendments as at 12 February 2008

ENDNOTES

1. General Information
Minister's second reading speech-
Legislative Assembly: 24 October 1995
Legislative Council: 15 November 1995
The long title for the Bill for this Act was "A Bill to regulate domestic building contracts and to establish a Domestic Building Disputes Tribunal and to amend the House Contracts Guarantee Act 1987 and the Building Act 1993 and for other purposes.".
Constitution Act 1975:
Section 85(5) statement:
Legislative Assembly: 24 October 1995
Legislative Council: 15 November 1995
Absolute majorities:
Legislative Assembly: 14 November 1995
Legislative Council: 23 November 1995.
The Domestic Building Contracts and Tribunal Act 1995 was assented to on 5 December 1995 and came into operation as follows:
Part 1 (sections 1-7) on 5 December 1995: section 2(1); section 158 on 1 May 1996: section 2(1A); Parts 4 (sections 44-50), 5 (sections 51-121), 8 (except section 158), Schedule 1 on 1 April 1996; rest of Act on 1 May 1996: Government Gazette 29 February 1996 page 445.
The name of this Act was changed from the Domestic Building Contracts and Tribunal Act 1995 to the Domestic Building Contracts Act 1995 by section 35 of the Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998.
2. Table of Amendments
This Version incorporates amendments made to the Domestic Building Contracts Act 1995 by Acts and subordinate instruments.
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Domestic Building Contracts and Tribunal (Amendment) Act 1996, No. 2/1996
Assent Date:
18.6.96
Commencement Date:
18.6.96: s. 2
Current State:
All of Act in operation
Legal Practice Act 1996, No. 35/1996
Assent Date:
6.11.96
Commencement Date:
S. 453(Sch. 1 items 23.1, 23.2) on 1.1.97: s. 2(3)
Current State:
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
Legal Practice (Amendment) Act 1997, No. 102/1997
Assent Date:
16.12.97
Commencement Date:
S. 49(Sch. item 1) on 16.12.97: s. 2(1)
Current State:
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
Residential Tenancies Act 1997, No. 109/1997
Assent Date:
23.12.97
Commencement Date:
S. 533(Sch. 2 item 2.1) on 1.7.98: Government Gazette 18.6.98 p. 1512
Current State:
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998
Assent Date:
26.5.98
Commencement Date:
S. 7(Sch. 1) on 1.7.98: s. 2(2)
Current State:
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998
Assent Date:
2.6.98
Commencement Date:
Ss 35-45 on 1.7.98: Government Gazette 18.6.98 p. 1512
Current State:
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995

Licensing and Tribunal (Amendment) Act 1998, No. 101/1998
Assent Date:
1.12.98
Commencement Date:
Pt 3 (ss 6, 7) on 1.2.99: Government Gazette 24.12.98 p. 3204
Current State:
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
Fair Trading (Inspectors Powers and Other Amendments) Act 1999, No. 17/1999
Assent Date:
18.5.99
Commencement Date:
Ss 30, 31 on 1.9.99: Government Gazette 19.8.99 p. 1901
Current State:
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
Domestic Building Contracts (Amendment) Act 2000, No. 2/2000
Endnotes
Assent Date:
28.3.00
Commencement Date:
29.3.00: s. 2
Current State:
All of Act in operation
Statute Law Revision Act 2000, No. 74/2000
Assent Date:
21.11.00
Commencement Date:
S. 3(Sch. 1 item 37) on 22.11.00: s. 2(1)
Current State:
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
House Contracts Guarantee (HIH) Act 2001, No. 26/2001
Assent Date:
7.6.01
Commencement Date:
S. 16 on 8.6.01: s. 2(1)
Current State:
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
Building (Amendment) Act 2001, No. 68/2001
Assent Date:
7.11.01
Commencement Date:
S. 17 on 1.7.02: s. 2(5)
Current State:
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
Domestic Building Contracts (Conciliation and Dispute Resolution) Act 2002, No. 36/2002
Assent Date:
18.6.02
Commencement Date:
Ss 3-8 on 1.7.02: s. 2(2)
Current State:
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995

Fair Trading (Amendment) Act 2003, No. 30/2003
Endnotes
Assent Date:
27.5.03
Commencement Date:
S. 84 on 28.5.03: s. 2(1)
Current State:
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
Architects (Amendment) Act 2004, No. 35/2004
Assent Date:
8.6.04
Commencement Date:
S. 38 on 14.6.05: Government Gazette 5.5.05 p. 851
Current State:
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
Domestic Building Contracts (Amendment) Act 2004, No. 37/2004
Assent Date:
8.6.04
Commencement Date:
1.5.96: s. 2
Current State:
All of Act in operation
Fair Trading (Enhanced Compliance) Act 2004, No. 103/2004
Assent Date:
21.12.04
Commencement Date:
S. 81 on 22.12.04: s. 2(1)
Current State:
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
Public Administration Act 2004, No. 108/2004
Assent Date:
21.12.04
Commencement Date:
S. 117(1)(Sch. 3 item 58) on 5.4.05: Government Gazette 31.3.05 p. 602
Current State:
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
Legal Profession (Consequential Amendments) Act 2005, No. 18/2005
Assent Date:
24.5.05
Commencement Date:
S. 18(Sch. 1 item 34) on 12.12.05: Government Gazette 1.12.05 p. 2781
Current State:
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
House Contracts Guarantee (Amendment) Act 2005, No. 52/2005
Assent Date:
13.9.05
Commencement Date:
S. 30 on 1.2.06: Government Gazette 25.1.06 p. 108
Current State:
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995

Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006
Endnotes
Assent Date:
13.6.06
Commencement Date:
S. 94(Sch. item 10) on 1.7.06: Government Gazette 29.6.06 p. 1315
Current State:
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
Owners Corporations Act 2006, No. 69/2006
Assent Date:
19.9.06
Commencement Date:
S. 221 on 31.12.07: s. 2(2)
Current State:
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
Fair Trading and Consumer Acts Amendment Act 2007, No. 17/2007
Assent Date:
29.5.07
Commencement Date:
S. 36(Sch. item 3) on 30.5.07: s. 2(1)
Current State:
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
Statute Law Revision Act 2007, No. 28/2007
Assent Date:
26.6.07
Commencement Date:
S. 3(Sch. item 17) on 27.6.07: s. 2(1)
Current State:
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
Fair Trading and Consumer Acts Further Amendment Act 2008, No. 2/2008
Assent Date:
11.2.08
Commencement Date:
S. 60 (Sch. item 3) on 12.2.08: s. 2(1)
Current State:
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
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3. Explanatory Details

1 S. 2(1A): Section 3(2) of the Domestic Building Contracts and Tribunal (Amendment) Act 1996, No. 2/1996 reads as follows:
3. Correction of error in commencement
(2) The Domestic Building Contracts and Tribunal Act 1995 is deemed to have been enacted as amended by subsection (1).

2 S. 5: As a result of the definition of domestic building work in section 3, this Act does not apply to anything listed in this section that is also listed in section 6.
3 S. 6(e): Although such design work is not domestic building work for the purposes of this Act, as a result of paragraph (c) of the definition of domestic building dispute in section 54, disputes concerning such design work may be dealt with by the Tribunal.
4 Pt 2 Div. 1: A warranty is a term of a contract that enables a person to seek compensation from the person who does not comply with the warranty for any loss that results from the failure to comply with the warranty. (Please note that this is not intended as an exhaustive definition.)
5 S. 8(c): Examples of laws that this provision applies to include the Building Regulations 1994 made under the Building Act 1993 which in turn incorporate most of the Building Code of Australia which in turn incorporates a number of Australian Standards.
6 S. 9: Section 134 of the Building Act 1993 imposes a 10 year limit on the bringing of building actions. It will apply to actions brought under section 9. The 10 years begins to run from the date the occupancy permit is issued. If no occupancy permit is issued, the 10 years runs from the date the certificate of final inspection is issued.
7 S. 15(1)(a): Section 33 imposes requirements on provisions such as those referred to in this paragraph if the provisions are in major domestic building contracts.
8 S. 20: See note 4.
9 S. 21(3)(b): The failure of a builder to comply with this section gives the building owner a right to apply to the tribunal under section 53(2)(c) for a reduction in the amount asked for a prime cost item or provisional sum.
10 S. 30(4)(a): Examples of relevant standards include AS 1726-1993 and AS 2870-1995.
11 S. 31(1)(i): Section 32 imposes requirements on how these estimates are to be made.
12 S. 35(3): Section 122 requires the Director to publish in the Government Gazette the form of any such notice.
13 S. 41(4): See note 12.

Domestic Building Contracts Act 1995
No. 91 of 1995