Victorian Consolidated Legislation

House Contracts Guarantee Act 1987 - SECT 33

Regulations

33. Regulations



(1) The Governor in Council may make regulations for or with respect to-

   (a)  prescribing terms and conditions with which the approved guarantor
        must comply;

   (b)  prescribing a class of work to be domestic building work;

   (c)  prescribing a class of building not to be a dwelling-house;

   (d)  prescribing provisions to be included in a domestic building work
        contract or a supervision contract or a contract included in a class
        of domestic building work contracts or supervision contracts and
        prescribing the circumstances in which it is not necessary for those
        provisions to be so included;

   (e)  prescribing the manner in which the parties to a domestic building
        work contract may agree to exempt that contract from the operation of
        section 21(3);

   (f)  prescribing terms and conditions to which guarantees, or guarantees
        included in a class of guarantees, given under this Act are subject;

   (g)  prescribing the form of certificates to be issued by the approved
        guarantor under section 25(3);

   (h)  prescribing amounts for the purposes of-

   (i)  paragraph (b) of the definition of domestic building work contract in
        section 3(1); and

   (ii) the definition of supervision contract in section 3(1); and

   (iii) section 7(4), (5) and (6); and

   (iv) section 20(1);

        (i)    exempting a person or a person included in a class of persons
               from the operation of this Act and prescribing the extent of
               the exemption;

   (j)  prescribing fees;

   (k)  prescribing forms;

   (l)  generally prescribing any other matter or thing required or permitted
        by this Act to be prescribed or necessary to be prescribed to give
        effect to this Act.

(2) A power conferred by this Act to make regulations may be exercised-

   (a)  either in relation to all cases to which the power extends, or in
        relation to all those cases subject to specified exceptions, or in
        relation to any specified case or class of case;

   (b)  so as to make, as respects the cases in relation to which it is
        exercised-

   (i)  the same provision for all cases in relation to which the power is
        exercised, or different provisions for different cases or classes of
        case, or different provisions for the same case or class of case for
        different purposes; or

   (ii) any such provision either unconditionally or subject to any specified
        condition.



(3) Regulations made under this Act may be made-

   (a)  so as to apply-

   (i)  at all times or at a specified time; or

   (ii) throughout the whole of the State or in a specified part of the State;
        or

   (iii) as specified in both subparagraphs (i) and (ii);

   (b)  so as to confer a discretionary authority or impose a duty on a
        specified person or body or a specified class of persons or bodies;

   (c)  so as to impose a penalty not exceeding 10 penalty units for a
        contravention of the regulations.

(4) Regulations made under this Act may be disallowed in whole or in part by
resolution of either House of the Parliament in accordance with the
requirements of section 6(2) of the Subordinate Legislation Act 1962.

(5) Disallowance under subsection (4) is deemed to be disallowance by
Parliament for the purposes of the Subordinate Legislation Act 1962.