HOME BUILDING CONTRACTS ACT 1991

HOME BUILDING CONTRACTS ACT 1991

TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title
            
   2.      Commencement
            
   3.      Terms used

   PART 2 -- Home building work contracts  

   4.      Contracts to be in writing; prescribed explanatory notice to be given
            
   5.      Owner to be given copy of contract
            
   6.      Receipt of documents by owner, proof of
            
   7.      Variation of contract to be in writing and given to owner
            
   8.      Exceptions to s. 7 and related provisions
            
   9.      Building permit etc., implied conditions and terms as to
            
   10.     Deposits and progress payments, limits on terms as to
            
   11.     Defects, implied condition as to liability for
            
   12.     Understatement of prime cost items etc. by builder, offence
            
   13.     Rise-and-fall clause prohibited
            
   14.     Cost plus contracts, requirements as to
            
   15.     Unconscionable etc. conduct by builder as to contract etc.
            
   15A.    Misleading or deceptive conduct by builder or owner as to contract

   PART 3 -- Remedies  

   17.     Breach of contract or Part 2, or entitlement to compensation, procedure in case of
            
   19.     How contract terminated
            
   20.     Adjustment of rights in certain cases

   PART 3A -- Home indemnity insurance and corresponding cover

           Division 1 -- Introduction  

   25A.    Terms used

           Division 2 -- Builders  

   25B.    Application of this Division
            
   25C.    Builder doing residential building work without insurance or corresponding cover, offence
            
   25D.    Insurance policy for this Division, terms of
            
   25DA.   Corresponding cover by an approved fund for builders

           Division 3 -- Owner-builders  

   25E.    Application of this Division
            
   25F.    Sale by owner-builder, restrictions on
            
   25FA.   Sale by certain owner-builders, further restrictions on
            
   25G.    Insurance policy for this Division, terms of
            
   25GA.   Corresponding cover by an approved fund for owner-builders

           Division 3A -- Approved funds  

   25GB.   Approval of fund by Minister
            
   25GC.   Certain changes to approved fund require Minister’s consent
            
   25GD.   Approval of fund, revoking

           Division 4 -- Review  

   25H.    Review of this Part by Minister

           Division 5 -- Provisions about non-application of sections 25C(1) and (2) and 25F(1)  
           25I. Periods for s. 25C(3) and 25F(2), Minister may specify
            

   25J.    Contracts with builders, builders to give prescribed notice to other party
            
   25K.    Sale contract with owner-builder, owner-builder to give prescribed notice to other party
            
   25L.    Subsequent purchaser to be given notice given under s. 25J in some cases

   PART 4 -- General  

   26.     Inspection by owner etc. of building work, prevention of etc.
            
   27.     Breach of Act, effect of on contract
            
   28.     Contracting out prohibited
            
   29.     Other laws not affected
            
   30.     Liability of officers for offence by body corporate
            
   31.     Prosecutions
            
   31B.    Infringement notices
            
   32.     Regulations
            
   33.     Retrospectivity of Act
            
   34.     Review of Act
           SCHEDULE 1 -- Consequences of non-fulfilment of conditions