Victorian Consolidated Legislation

House Contracts Guarantee Act 1987 - SECT 25

Registers to be kept by VMIA

25. Registers to be kept by VMIA





(1) VMIA must, in the form required by the Minister, keep-

   (a)  a register of builders and supervisors approved by the approved
        guarantor; and

   (b)  a register of work in relation to which a guarantee given by the
        approved guarantor under this Act is in force and of which the
        approved guarantor has received notice under section 24 of this Act or
        section 27(3) of the Building Act 1993 or of which the approved
        guarantor otherwise had actual notice before the appointed day.

(2) VMIA must permit a person to inspect a register required to be kept by it
under subsection (1) at any time during ordinary office hours at its offices.

(3) VMIA must, on payment of the prescribed fee, issue a certificate in
accordance with the regulations certifying-

   (a)  whether or not a person named in the certificate is approved by the
        approved guarantor; or

   (b)  whether or not a person named in the certificate has notified the
        approved guarantor under section 24 of a matter specified in the
        certificate; or

   (c)  whether or not work specified in the certificate is work in relation
        to which a guarantee given by the approved guarantor or the State
        under this Act is in force; or

   (d)  whether or not a person named in the certificate has notified the
        approved guarantor under section 27(3) of the Building Act 1993 of an
        application for building approval.

(4) VMIA must, at the request of the applicant for the certificate, include in
a certificate issued under subsection (3) a statement as to whether or not the
approved guarantor or VMIA has received a claim under a guarantee in force in
relation to the building to which the certificate relates.

(5) A document purporting to be a register or part of a register required to
be kept by VMIA under subsection (1) and purporting to be certified by VMIA as
that register or part of that register is admissible in evidence in any
proceedings for an offence against this Act and, in the absence of evidence to
the contrary, is proof of the facts and matters contained in it.

(6) A certificate purporting to be issued by VMIA under subsection (3) or by
the approved guarantor under subsection (3) as in force immediately before the
appointed day, is admissible in evidence in any proceedings for an offence
against this Act and, in the absence of evidence to the contrary, is proof of
the facts and matters contained in it.



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