Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to this
section, this Division applies to residential building work that is, or
is to be, performed by a builder on behalf of another person or on the
builder’s own behalf.
(2) This Division does
not apply to residential building work for which a building licence was issued
before the commencement of the Home Building Contracts Amendment Act 1996
.
(3) This Division does
not apply to residential building work that is, or is to be, performed by a
builder who is a natural person, if —
(a) the
residential building work is to construct a dwelling for the builder as his or
her principal place of residence and not for immediate sale; and
(b) the
builder has given the Builders’ Registration Board a statutory
declaration verifying that he or she has not, within the last 6 years,
obtained a building licence for residential building work in respect of which
no insurance was required because of this subsection.
(4) The Minister may
order that subsection (3)(b) has effect in relation to particular
residential building work as if the 6 year period referred to were reduced to
the lesser period specified in the order, if the Minister is satisfied
that —
(a) the
application for the order arises from a change in the circumstances of the
person; and
(b) the
person would suffer hardship if the application were refused.
(5) In subsection
(3) —
insurance means a policy of insurance that
complies with Division 2, or corresponding cover provided by an approved
fund.
[Section 25B inserted by No. 72 of 1996
s. 5; amended by No. 37 of 2002 s. 10.]