HOUSE CONTRACTS GUARANTEE ACT 1987

Victorian Consolidated Legislation

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HOUSE CONTRACTS GUARANTEE ACT 1987 - NOTES

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

ENDNOTES

1. General Information
Minister's second reading speech-
Legislative Assembly: 26 March 1987
Legislative Council: 30 April 1987
The long title for the Bill for this Act was "A Bill to make fresh provision concerning the guarantees required to be given in relation to domestic building work, to specify requirements to be complied with in relation to domestic building work contracts, to repeal Division 1A of Part XLIX of the Local Government Act 1958 and the Building Contracts (Deposits) Act 1962, to amend the Sale of Land Act 1962 and the Building Control Act 1981 and for other purposes.".
The House Contracts Guarantee Act 1987 was assented to on 19 May 1987 and came into operation as follows:
All of Act (except sections 18(2)(b), 22(1)(e)) on 1 May 1988; section 18(2)(b) on 1 November 1988: Government Gazette 30 March 1988 page 752; section 22(1)(e) repealed uncommenced by section 15 of House Contracts Guarantee (Amendment) Act 2005 No. 52.
2. Table of Amendments
This Version incorporates amendments made to the House Contracts Guarantee Act 1987 by Acts and subordinate instruments.
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Liquor Control Act 1987, No. 97/1987
Assent Date:
1.12.87
Commencement Date:
S. 181(7) on 3.5.88: Government Gazette 27.4.88 p. 1044
Current State:
This information relates only to the provision/s amending the House Contracts Guarantee Act 1987
House Contracts Guarantee (Amendment) Act 1989, No. 5/1989
Assent Date:
2.5.89
Commencement Date:
2.5.89
Current State:
All of Act in operation
House Contracts Guarantee (Further Amendment) Act 1990, No. 39/1990
Assent Date:
13.6.90
Commencement Date:
1.1.91: Government Gazette 12.12.90 p. 3681
Current State:
All of Act in operation
Employee Relations Act 1992, No. 83/1992
Assent Date:
24.11.92
Commencement Date:
S. 180 on 27.11.92: Special Gazette (No. 63) 27.11.92 p. 1
Current State:
This information relates only to the provision/s amending the House Contracts Guarantee Act 1987
Building Act 1993, No. 126/1993
Assent Date:
14.12.93
Commencement Date:
S. 264 (Sch. 5 item 10) on 1.7.94: Special Gazette (No. 42) 1.7.94 p. 1
Current State:
This information relates only to the provision/s amending the House Contracts Guarantee Act 1987
Domestic Building Contracts and Tribunal Act 1995, No. 91/1995
Assent Date:
5.12.95
Commencement Date:
Ss 157, 159-168 on 1.4.96: Government Gazette 29.2.96 p. 445; s. 158 on 1.5.96: s. 2(1A)
Current State:
This information relates only to the provision/s amending the House Contracts Guarantee Act 1987
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


Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998
Endnotes
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 House Contracts Guarantee Act 1987
Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998
Assent Date:
2.6.98
Commencement Date:
S. 311(Sch. 1 item 40) on 1.7.98: Government Gazette 18.6.98 p. 1512
Current State:
This information relates only to the provision/s amending the House Contracts Guarantee Act 1987
House Contracts Guarantee (HIH) Act 2001, No. 26/2001
Assent Date:
7.6.01
Commencement Date:
Ss 3-8 on 8.6.01: s. 2(1)
Current State:
This information relates only to the provision/s amending the House Contracts Guarantee Act 1987
Corporations (Consequential Amendments) Act 2001, No. 44/2001
Assent Date:
27.6.01
Commencement Date:
S. 3(Sch. item 62) on 15.7.01: s. 2
Current State:
This information relates only to the provision/s amending the House Contracts Guarantee Act 1987
Corporations (Financial Services Reform Amendments) Act 2002, No. 9/2002
Assent Date:
23.4.02
Commencement Date:
S. 3(Sch. item 8) on 23.4.02: s. 2
Current State:
This information relates only to the provision/s amending the House Contracts Guarantee Act 1987
Statute Law (Further Revision) Act 2002, No. 11/2002
Assent Date:
23.4.02
Commencement Date:
S. 3(Sch. 1 item 34) on 24.4.02: s. 2(1)
Current State:
This information relates only to the provision/s amending the House Contracts Guarantee Act 1987
House Contracts Guarantee (HIH Further Amendment) Act 2002, No. 25/2002
Assent Date:
12.6.02
Commencement Date:
8.6.01: s. 2
Current State:
All of Act in operation
Public Administration Act 2004, No. 108/2004
Assent Date:
21.12.04
Commencement Date:
S. 117(1)(Sch. 3 item 99) on 5.4.05: Government Gazette 31.3.05 p. 602
Current State:
This information relates only to the provision/s amending the House Contracts Guarantee Act 1987



House Contracts Guarantee (Amendment) Act 2005, No. 52/2005
Assent Date:
13.9.05
Commencement Date:
Ss 4-28 on 1.2.06: Government Gazette 25.1.06 p. 108
Current State:
This information relates only to the provision/s amending the House Contracts Guarantee Act 1987
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3. Explanatory Details

1 S. 3(1): Section 23 of the House Contracts Guarantee (Further Amendment) Act 1990, No. 39/1990 reads as follows:
	28.	Savings
The provisions of the Principal Act as in force immediately before the commencement of section 4 of this Act continue to apply to the work by a person other than an approved builder of constructing a dwelling-house, if the person had given notice to the approved guarantor under section 23(3) of the Building Control Act 1981 prior to the commencement of section 4 of this Act.

2 S. 3(1) def. of recognised person: Section 168 of the Domestic Building Contracts and Tribunal Act 1995, No. 91/1995 (as amended by section 44 of No. 52/1998) reads as follows:
	168.	Appeals-Transitional
Despite the amendment of the House Contracts Guarantee Act 1987 by this Part-
	(a)	an appeals committee established by the approved guarantor under its rules may continue to hear any appeal commenced to be heard by the committee but not completed before the commencement of this section and that Act continues to apply to those appeals as if those amendments had not been made; and
	(b)	the Victorian Civil and Administrative Tribunal may review-
	(i)	any decision in respect of which an application for review was made and not determined under that Act before the commencement of this section; or
	(ii)	any decision made on an appeal to which paragraph (a) applies-
and that Act continues to apply to those reviews and applications for review as if those amendments had not been made.

3 S. 4(1): See note 2.
4 S. 4(2): See note 2.
5 S. 16(1): See note 2.
6 S. 16(5): See note 2.
7 S. 16(6): See note 2.
8 S. 16(7): See note 2.
9 S. 16(8): See note 2.

10 S. 17A: See note 2.
11 S. 21A: See note 2.
12 S. 32A: See note 2.

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Part 5-Miscellaneous


House Contracts Guarantee Act 1987
No. 44 of 1987