Victorian Consolidated Legislation

HOUSE CONTRACTS GUARANTEE ACT 1987

No. 44 of 1987
Version incorporating amendments as at 19 October 2007

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY

   1.      Purpose
   2.      Commencement
   3.      Definitions
   3A.     House and land packages
   4.      Application of Act

   PART 2-GUARANTEES

   5.      Guarantee required in relation to certain contracts
   6.      Guarantees
   7.      Nature of guarantees
   8.      Builder liable on sale of house constructed by builder
   9.      Owner builders
   10.     Extension of guarantee in certain circumstances
   10A.    Discretion to issue guarantee
   11.     Builder to have liability for movement of the foundations
   11A.    State to become liable for guarantees
   11B.    VMIA to be responsible for the Housing Guarantee Claims
           Fund and claims
   12.     Liability in legal proceedings
   13.     Procedure for resolving claims
   14.     Claims
   15.     Costs
   16.     Appeals
   17.     Discretionary payments
   17A.    Application of payments

   PART 2A-HOUSING GUARANTEE CLAIMS FUND

   17B.    Housing Guarantee Claims Fund
   17C.    What comprises the Housing Guarantee Claims Fund?
   17D.    Payments out of the Housing Guarantee Claims Fund
   17E.    Powers of VMIA in relation to the Housing Guarantee Claims Fund
   17F.    Report to Minister
   17G.    Auditor-General to audit financial statements of Housing Guarantee Claims Fund
   17H.    Annual report
   17I.    Remaining funds to be paid into Domestic Builders Fund

   PART 3-DOMESTIC BUILDING WORK CONTRACTS

   18.     Requirements in relation to domestic building work contracts
   19.     Variation of domestic building work contract
   20.     Limit on amount of deposit
   21.     Limit on progress payments
   21A.    Arbitration provisions

   PART 4-THE REGISTER

           22-24. Repealed
   25.     Registers to be kept by VMIA
   25A.    Repealed

   PART 5-MISCELLANEOUS

   26.     Supervision contracts
   27.     False representations
   28.     Repealed
   29.     Offences by corporation
   30.     Time limit for proceedings
   31.     Act not to limit liability of builder
   32.     Agreement to exclude etc. operation of Act void
   32A.    Person cannot sign away right to take advantage of a guarantee
   33.     Regulations
   34.     Transitional provisions
   34A.    Savings provisions
   34B.    Notice to approved guarantor
   34C.    No offence for certain acts or failures to act under this Act in April 1996.

   PART 6-DOMESTIC BUILDING (HIH) INDEMNITY SCHEME

           Division 1-Introductory

   35.     Interpretation
   36.     This Part only applies in respect of work carried out or to be carried out in Victoria
   36A.    Existing proceedings to be affected by amendments

           Division 2-Indemnity

   37.     Indemnity
   38.     What is not covered by the indemnity?
   39.     What are the functions and powers of VMIA in relation to the indemnity scheme?
   40.     Who can make a claim under the scheme?
   41.     Procedure for claims
   42.     When is a claim paid?
   43.     Assignment of rights
   44.     VMIA may require builder to make payments or rectify work
   45.     Other rights not affected

           Division 3-Domestic Building (HIH) Indemnity Fund

   46.     Domestic Building (HIH) Indemnity Fund
   47.     Payments to Consolidated Fund
   48.     How can the Fund be invested?
   49.     Remaining funds to be paid into Consolidated Fund
   50.     Report to Minister
   51.     Auditor-General to audit financial statements of Fund
   52.     Annual report

           Division 4-General

   53.     Can VMIA enter into arrangements and agreements with liquidator of HIH?
   54.     Effect of Corporations Law
   55.     Offence to make false statements
   56.     Regulation-making powers

   PART 7-TRANSITIONAL

           Division 1-Transfer of property, rights and liabilities of HGFL

   57.     Definitions
   58.     State to take over responsibility for guarantees
   59.     VMIA to be substituted as party to proceedings
   60.     Construction of instruments
   61.     Taxes
   62.     Transfer of staff
   63.     Evidence
   64.     Validity of things done under this Division
   65.     Operation of provisions not subject to review

           Division 2-Role of VMIA in relation to guarantees

   66.     Actions of continuing nature in relation to guarantees

           Division 3-Role of VMIA in relation to indemnities

   67.     Actions of continuing nature in relation to indemnities
   68.     References to HGFL in any arrangement or agreement under section 53.

           Division 4-Reporting by HGFL

   69.     Final annual report by HGFL
           __________________
           SCHEDULE-Saving of Claims
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details