Victorian Consolidated Legislation

House Contracts Guarantee Act 1987 - SECT 35

Interpretation

35. Interpretation



(1) In this Part-

builder has the same meaning as it has in the
Domestic Building Contracts Act 1995;

building owner has the same meaning as it has in the
Domestic Building Contracts Act 1995;



building site has the same meaning as it has in the
Domestic Building Contracts Act 1995;

developer in relation to a HIH policy, means any building owner or other
person for whom three or more homes were being or were proposed to be built-

   (a)  on any one building site; or

   (b)  on more than one building site under a major domestic building
        contract- at the time that the building work to which the HIH policy
        applied commenced;

domestic building work has the same meaning as it has in the
Domestic Building Contracts Act 1995;

* * * * *

HIH means-

   (a)  HIH Casualty and General Insurance Ltd. A.C.N. 008 482 291; or

   (b)  FAI General Insurance Company Ltd. A.C.N. 000 327 855;

HIH policy means a contract of insurance-

   (a)  which was underwritten by HIH (otherwise than as reinsurer) before the
        relevant date; and

   (b)  which at the time it was underwritten by HIH was-

   (i)  insurance required by order under section 135(1)(a) and (c) of the
        Building Act 1993 in relation to the carrying out of domestic building
        work or managing or arranging the carrying out of domestic building
        work; or

   (ii) insurance required by order under section 135(1)(b) and (c) of the
        Building Act 1993; and

   (c)  which relates to building work for which a building permit was issued
        under the Building Act 1993 before the relevant date;

home has the same meaning as it has in the
Domestic Building Contracts Act 1995;

liquidator includes provisional liquidator;

loss includes damage and costs;

major domestic building contract has the same meaning as it has in the
Domestic Building Contracts Act 1995;



owner-builder in relation to a building, means-

   (a)  a person to whom section 137B(2) of the Building Act 1993 applies; or

   (b)  a mortgagee in possession of the building from that person; or

   (c)  an executor or administrator of the estate of that person;

relevant date means 30 April 2001.

(2) In calculating the number of homes that were being built or were proposed
to be built for the purposes of determining whether a building owner or other
person is a developer, a home which was or was to be the principal place of
residence of that building owner or person is to be disregarded.