See www.legislation.vic.gov.au for Victorian Bills, Acts and current
Versions of legislation and up-to-date legislative 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 36 of the Tribunals and Licensing Authorities (Miscellaneous
Amendments) Act 1998, No. 52/1998.
Section 54A of the ILA authorises the making of the style changes set out
in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which
provides that where an undivided section or clause of a Schedule is amended by
the insertion of one or more subsections or subclauses, the original section or
clause becomes subsection or subclause (1) and is amended by the insertion of
the expression "(1)" at the beginning of the original section or
clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the
following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001
form part of that Act. Any heading inserted in an Act which was passed before 1
January 2001, by an Act passed on or after 1 January 2001, forms part of that
Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule;
sections; clauses; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or
after 1 January 2001 form part of that Act. Any examples, diagrams or notes
inserted in an Act which was passed before 1 January 2001, by an Act passed on
or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January
2001 forms part of that Act. Any punctuation inserted in an Act which was
passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms
part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether
inserted in the Act before, on or after 1 January 2001. Provision numbers
include section numbers, subsection numbers, paragraphs and subparagraphs. See
section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13
October 2004, a legislative item relating to a provision of an Act is taken to
be at the foot of that provision even if it is preceded or followed by another
legislative item that relates to that provision. For example, if a penalty at
the foot of a provision is followed by a note, both of these legislative items
will be regarded as being at the foot of that provision. See section
36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other
material printed after the Endnotes does not form part of an Act.
Building Legislation Amendment (Consumer Protection) Act
2016, No. 15/2016
Assent Date:
19.4.16
Commencement Date:
Ss 4, 72 on 4.7.16: Special Gazette (No. 194) 21.6.16
p. 1; s. 5 on 1.9.16: Special Gazette (No. 261) 23.8.16 p. 1;
ss 3, 6–12 on 26.4.17: Special Gazette (No. 94) 27.3.17 p.
1
[2]S. 6(1)(e): Although such
design work is not domestic building work for the purposes of this Act, as a
result of paragraph (1)(c) of the definition of domestic building
dispute in section 54, disputes concerning such design work may be dealt
with by VCAT.
[3] 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.)
[4]S. 8(c): Examples of laws
that this provision applies to include the Building Regulations 2018 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.
[5]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.