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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
LEGISLATIVE ASSEMBLY
(Introduced by Mr Sullivan MLA)
Home Building Contracts (Indemnity Insurance)
Bill 2002
A Bill for
An Act to temporarily limit the operation of the Home Building
Contracts Act 1991 in respect of home indemnity insurance.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Home Building Contracts
(Indemnity Insurance) Act 2002.
page 1
115 -- 1
Home Building Contracts (Indemnity Insurance) Bill 2002
s. 2
2. Commencement
This Act comes into operation on the day on which it receives
the Royal Assent.
3. Principal Act
5 In this Act the Home Building Contracts Act 1991 is referred to
as the principal Act.
4. Suspension of Compulsory Home Indemnity Insurance
(1) Effective for a 12 month period from proclamation of this Act,
Section 25C of the principal Act shall not apply to residential
10 building work performed by a builder pursuant to a contract or
variation of a contract if --
(a) prior to the date of the contract or the date of the
variation of the contract respectively, the builder has
furnished to the owner a disclosure notice in the form
15 prescribed; and
(b) the total amount of the contract or the total amount of
the variation respectively is less than $10,000 or more
than $200,000.
(2) In this section --
20 "residential building work" has the same meaning as that
expression has in respect of section 25C of the principal
Act; and
"contract", "date of the contract" and "date of the
variation" have the same meanings as those expressions
25 have in section 3 of the principal Act.
5. Regulations
(1) The Governor may make regulations prescribing all matters that
are required or permitted by this Act to be prescribed, or are
page 2
Home Building Contracts (Indemnity Insurance) Bill 2002
s. 5
necessary or convenient to be prescribed for giving effect to the
purposes of this Act.
(2) Without limiting the generality of subsection (1), regulations
may provide for variation of the period referred to in
5 section 4(1), either unconditionally or subject to such conditions
as are specified in the regulations.
page 3
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