Does not include amendments by: , Schs 1 [14] (to the extent that it inserts sec 40 (2D) and (2E)), 2 [1] [3]–[5] and [8]–[10], 3, 6 [3] [15] and [17] (to the extent that it inserts sec 96A (1A)) and 9 [2] (to the extent that it inserts cll 61–63 into Sch 4) (amended by Home Building Legislation Amendment Act 2001 No 51and Corporations (Consequential Amendments) Act 2001 No 34) (not commenced — Sch 3 [1]–[6] [7] (except to the extent that it inserts secs 32A (3), 32B (3) (b), 32E and 32G) [8] [9] and [12]–[30] and Sch 9 [2] (to the extent that it inserts cl 63 of Sch 4) to commence on 1.1.2004; Schs 2 [1] [3]–[5] and [8]–[10], 6 [15], so much of Sch 6 [17] as inserts sec 96A (1A) and so much of Sch 9 [2] as inserts cl 62 into Sch 4 to commence on 16.2.2004) Building Legislation Amendment (Quality of Construction) Act 2002 No 134, Sch 1.15 [4] (not commenced — to commence on the commencement of sec 18R (as inserted by Sch 3 [5] to the Statute Law (Miscellaneous Provisions) Act (No 2) 2001 No 112)) Home Building Legislation Amendment Act 2001 No 51, Sch 4.6 [2] (to the extent to which it substitutes the definition of Licensing and Registration (Uniform Procedures) Act 2002 No 28building consultancy licence in sec 3) [3]–[8] [11] [12] and [15]–[21] (not commenced)(not commenced — Sch 1.4 [4] and [5] to commence on the commencement of sec 5 of that Act or on the commencement of Part 2D of this Act, whichever is the later) Business Names Act 2002 No 97(not commenced) Law Enforcement (Powers and Responsibilities) Act 2002 No 103, Sch 2.1 [2]–[4] [16] and [17] (not commenced) Building Legislation Amendment (Quality of Construction) Act 2002 No 134(not commenced) Occupational Health and Safety Amendment (Dangerous Goods) Act 2003 No 38(not commenced) Architects Act 2003 No 89
(1) In this Act: Administration Corporation means the Fair Trading Administration Corporation constituted under Part 7.business day means a day that is not a Saturday or a Sunday or not a day that is wholly or partly observed as a public holiday throughout New South Wales.contract price means the total amount payable under a contract to do work or to supply a kit home and includes:
(a) the amount that the person contracting to do the work or to supply a kit home is to receive and retain under the contract, and (b) the amount that the person is to receive under the contract for payment to any other person, and (c) the amount any third person is to receive (or it is reasonably estimated will receive) directly from the person for whom the work is done or to whom the kit home is supplied in relation to the work done, or the kit home supplied, under the contract:
(i) for conveying to the building site or connecting or installing services such as gas, electricity, telephone, water and sewerage, or (ii) for the issue of development or building consents. contractor licence means a contractor licence referred to in section 4 or 5.Director-General means the Director-General of the Department of Fair Trading.dwelling means a building or portion of a building that is designed, constructed or adapted for use as a dwelling (such as a detached or semi-detached house, transportable house, terrace or town house, duplex, villa-home, strata or company title home unit or residential flat).It includes any swimming pool or spa constructed for use in conjunction with a dwelling and such additional structures and improvements as are declared by the regulations to form part of a dwelling. It does not include buildings or portions of buildings declared by the regulations to be excluded from this definition. electrical wiring work has the same meaning as it has in the. Electricity Safety Act 1945 endorsed contractor licence means a licence endorsed under this Act to show that it is the equivalent of a supervisor certificate.gasfitting work has the same meaning as it has in the. Gas Supply Act 1996 kit home means a set of building components which, when offered for sale, is represented as sufficient for the construction of a dwelling according to a plan or instructions furnished by the supplier of the set to the purchaser in connection with the sale.It includes a set of building components which, when offered for sale, is represented as sufficient for the construction of a garage, carport or other structure prescribed by the regulations. It does not include a set of components for the construction of a moveable dwelling (within the meaning of the ) that is not capable of being registered under the Local Government Act 1993 . Road Transport (Vehicle Registration) Act 1997 It does not include a set of components for the construction of a dwelling, structure or improvement prescribed by the regulations. licence means a contractor licence in force under this Act.nominated supervisor means an individual:
(a) who holds an endorsed contractor licence or a supervisor certificate, and (b) who is for the time being registered in accordance with the regulations for the purpose of supervising the doing of residential building work or specialist work. officer , in relation to a corporation, includes a director of the corporation and any person concerned in the management of the corporation.owner-builder means a person who does owner-builder work (within the meaning of Part 6) and who is issued an owner-builder permit for that work.owner-builder permit means an owner-builder permit referred to in section 12 or 13.plumbing work means any plumbing or drainage work that, because of a relevant law, can be done lawfully only:
(a) by the holder of an endorsed contractor licence or of a supervisor or tradesperson certificate, and (b) if a relevant law so provides, by some other person. It includes any work declared by the regulations to be roof plumbing work. relevant law means an Act or a statutory instrument that is declared by the regulations to be an Act or statutory instrument that regulates the specialist work concerned.residential building work means any work involved in, or involved in co-ordinating or supervising any work involved in:
(a) the construction of a dwelling, or (b) the making of alterations or additions to a dwelling, or (c) the repairing, renovation, decoration or protective treatment of a dwelling. It includes work declared by the regulations to be roof plumbing work or specialist work done in connection with a dwelling and work concerned in installing a prescribed fixture or apparatus in a dwelling (or in adding to, altering or repairing any such installation). It does not include work that is declared by the regulations to be excluded from this definition. specialist work means:
(a) plumbing work (other than work declared by the regulations to be roof plumbing work), or (b) gasfitting work, or (c) electrical wiring work, or (d) any work declared by the regulations to be refrigeration work or air-conditioning work. statutory warranty means a warranty established by Part 2C.supervisor certificate means a supervisor certificate referred to in section 13, 14, 15 or 16.supply means supply for consideration, but does not include supply for the purposes of resale.tradesperson certificate means a tradesperson certificate referred to in section 13, 14, 15 or 16.Tribunal means (except in Part 4A) the Consumer, Trader and Tenancy Tribunal established by the. Consumer, Trader and Tenancy Tribunal Act 2001 (1A) When an additional structure or improvement is declared, by a regulation made for the purposes of the definition of dwelling in subsection (1), to form part of a dwelling, any particular structure or improvement included in the declaration is to be regarded as a dwelling for the purposes of this Act, whether or not there exists any dwelling of which it could be taken to form part.
(1) A contract must be in writing and be dated and signed by or on behalf of each of the parties to it. (2) A contract must contain:
(a) the names of the parties, including the name of the holder of the licence shown on the licence, and (b) the number of the licence, and (c) a sufficient description of the work to which the contract relates, and (d) any plans and specifications for the work, and (e) the contract price if known, and (f) any statutory warranties applicable to the work.
(1) A contract does not give the holder of a licence or any other person a legal or equitable estate or interest in any land, and a provision in a contract or other agreement is void to the extent that it purports to create such an estate or interest.
(1) The regulations may make provision for or with respect to:
(a) clauses or matter that must be included in a contract or a class of contracts, or (b) clauses or matter that must not be included in a contract or a class of contracts.
(1) An individual must not do any electrical wiring work (whether or not it is also residential building work), except:
(a) as a qualified supervisor (being the holder of an endorsed contractor licence, or a supervisor certificate, authorising its holder to do that work), or (b) as the holder of a tradesperson certificate authorising its holder to do that work under supervision, but only if the work is done under the supervision and in accordance with the directions, if any, of such a qualified supervisor. Maximum penalty: 200 penalty units.
(1) A contract must be in writing and be dated and signed by or on behalf of each of the parties to it. (2) A contract must contain:
(a) the names of the parties, including the name of the holder of the licence shown on the licence, and (b) the number of the licence, and (c) a sufficient description of the kit home to which the contract relates, and (d) any plans and specifications for the kit home, and (e) the contract price if known.
(1) A contract does not give the holder of a licence or any other person a legal or equitable estate or interest in any land, and a provision in a contract or other agreement is void to the extent that it purports to create such an estate or interest.
(1) The regulations may make provision for or with respect to:
(a) clauses or matter that must be included in a contract or a class of contracts, or (b) clauses or matter that must not be included in a contract or a class of contracts.
(1) An individual, a partnership or a corporation may apply to the Director-General for a licence authorising its holder to contract to do such one or more of the following things as may be specified in the application:
(a) to do residential building work, (b) to do specialist work, (c) to supply kit homes for construction by a person other than the holder of the licence.
(1) After considering an application, the Director-General must:
(a) issue a contractor licence to the applicant, or (b) reject the application by serving on the applicant a notice setting out the reasons for rejecting the application.
(1) The Director-General must, subject to the regulations, cancel a contractor licence that authorises its holder to contract to do residential building work or specialist work, or both (whether or not it also authorises the holder to contract to supply kit homes for construction by another person) if:
(a) a period of 30 days (or any longer period that has been agreed on between the holder of the contractor licence and the Director-General) expires during which there has not been a nominated supervisor for the contractor licence, or (b) the holder of the contractor licence is a partnership and (without the prior approval of the Director-General given for the purposes of this section) there is any change in its membership (otherwise than because of death), or (c) the holder of the contractor licence or, in the case of a holder that is a partnership, any partner of that holder, becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or (d) the holder of the contractor licence is a corporation and it has become the subject of a winding up order under the of the Commonwealth, or Corporations Act 2001 (e) the holder of the contractor licence is a corporation and it has been deregistered under Chapter 5A of the of the Commonwealth, or Corporations Act 2001 (f) the holder of the contractor licence or, in the case of a holder that is a partnership, any partner of that holder, is convicted more than once in any period of 12 months of an offence under Part 6 (whether or not the offences are of the same or a different kind), or (g) the holder of the contractor licence fails to maintain professional indemnity insurance or a similar form of insurance taken out by the holder of the contractor licence for the period required under Part 6.
(1) If the Director-General is of the opinion that the holder of a licence has not complied or is unable to comply with any requirements of Part 6 or any requirements of the regulations relating to insurance applicable to the doing of work, or the supplying of a kit home, of a kind authorised by the licence, the Director-General may, by notice in writing served on the holder of the licence, inform the holder that the licence will be suspended unless the holder complies with subsection (2) within the period specified in the notice. (2) The holder of the licence must provide such documentation or information as the Director-General requires in order to satisfy the Director-General that the holder has complied or is able to comply with any requirements of Part 6 and any requirements of the regulations relating to insurance applicable to the doing of work, or the supplying of a kit home, of a kind authorised by the licence.
(1) This section applies if the holder of a contractor licence is a corporation and a controller or administrator of the corporation is appointed under Part 5.2 or 5.3A of the of the Commonwealth. Corporations Act 2001 (2) If the Director-General is of the opinion that there is a risk to the public that the licensee will be unable to complete building contracts (whether an existing contract or a contract entered into in the future), the Director-General may, by notice in writing served on the holder of the contractor licence, inform the holder that the contractor licence will be suspended unless the holder complies with subsection (3) within the period specified in the notice. (3) The holder of the contractor licence must provide any documentation or information that the Director-General requires in order to satisfy the Director-General that there is no such risk to the public.
(1) The Director-General may authorise publication of a notice warning persons of particular risks involved in dealing with a specified holder of a licence, or a person who does not hold a licence, in connection with residential building work or specialist work or the supply of kit homes. (2) For example, a warning may relate to the risks involved in dealing with a person who has a recent history of unreasonable delays in completing work or in supplying kit homes, or of inadequately supervised work or of defective work, of failing to comply with orders of the Tribunal, or of failing to insure work in accordance with this Act.
(1) An individual may apply to the Director-General for a certificate that the individual is qualified to do, and to supervise:
(a) residential building work, or (b) specialist work of a specified kind.
(1) After considering an application, the Director-General must:
(a) issue a qualified supervisor certificate or a certificate of registration to the applicant, or (b) reject the application by serving on the applicant a notice setting out the reasons for rejecting the application.
(1) The Director-General may, but only if the Director-General considers that special circumstances exist, issue an authority to an applicant even though the applicant does not meet a requirement imposed by or under this Act for the issue of the authority.
(1) The holder of an authority may, within the prescribed period before the authority is due to expire if not renewed, apply to the Director-General for renewal of the authority.
(1) When an application for renewal or restoration of an authority is made in accordance with this Division, the Director-General is, unless the application is sooner withdrawn, required to issue a renewed authority to the applicant. (2) Despite subsection (1), the Director-General may reject an application for renewal or restoration of an authority if:
(a) further particulars requested from the applicant are outstanding, or (b) the authority is surrendered or cancelled before it is due to expire, or (c) the applicant would be disqualified from being the holder of the authority when the renewal would take effect, or (d) (e) a judgment against the applicant for money owed to the Director-General is not satisfied, or (f) the authority is a provisional authority, or (g) the Director-General is empowered to reject the application by the regulations. (2A) The Director-General must reject an application for renewal or restoration of a licence if the Director-General is not satisfied that the applicant has complied or is able to comply with any requirements of Part 6 and any requirements of the regulations relating to insurance applicable to the doing of work, or the supplying of a kit home, of a kind authorised or proposed to be authorised by the licence.
(1) If an authority is suspended, cancelled or surrendered under this or any other Act, the Director-General may, if the Director-General is satisfied that it is in the public interest to do so, by instrument in writing appoint a person to co-ordinate or supervise any work that has not been completed under any contract entered into by the holder of that authority. (2) The appointment is not valid unless the person appointed has consented to the appointment. (3) In appointing a person, the Director-General must have regard to the suitability of the person to co-ordinate or supervise the work. The person appointed need not be the holder of an authority under this Act. (4) Before appointing a person, the Director-General must obtain the consent of the person for whom the work is being done.
(1) In this Part: building claim means a claim for:
(a) the payment of a specified sum of money, or (b) the supply of specified services, or (c) relief from payment of a specified sum of money, or (d) the delivery, return or replacement of specified goods or goods of a specified description, or (e) a combination of two or more of the remedies referred to in paragraphs (a)–(d), that arises from a supply of building goods or services whether under a contract or not, or that arises under a contract that is collateral to a contract for the supply of building goods or services, but does not include a claim that the regulations declare not to be a building claim. building dispute means a dispute that has been notified as referred to in section 48C.building goods or services means goods or services supplied for or in connection with the carrying out of residential building work, specialist work or building consultancy work, being goods or services:
(a) supplied by the person who contracts to do, or otherwise does, that work, or (b) supplied in any circumstances prescribed by the regulations to the person who contracts to do that work.
(1) Any person may apply to the Tribunal for the determination of a building claim.
(1) The Tribunal has jurisdiction to hear and determine any building claim brought before it in accordance with this Part in which the amount claimed does not exceed $500,000 (or any other higher or lower figure prescribed by the regulations). (2) The Tribunal has jurisdiction to hear and determine any building claim whether or not the matter to which the claim relates arose before or after the commencement of this Division, except as provided by this section. (3) The Tribunal does not have jurisdiction in respect of a building claim relating to building goods or services that have been supplied to or for the claimant if the date on which the claim was lodged is more than 3 years after the date on which the supply was made (or, if made in instalments, the date on which the supply was last made).
(1) This section applies if a person starts any proceedings in or before any court in respect of a building claim and the building claim is one that could be heard by the Tribunal under this Division.
(1) In determining a building claim, the Tribunal may have regard to, but is not bound by, any report prepared by an inspector by whom any matter giving rise to a building dispute has been investigated under Division 2 (before an application was made for determination of the building claim). (2) The inspector may be called to give evidence in proceedings before the Tribunal only by the Tribunal (and not by either party to the building claim).
(1) A person against whom an order has been made by the Tribunal under this Part may inform the Director-General when that order has been complied with.
(1) A holder of a licence who is authorised by the licence to contract to do residential building work or specialist work, or a holder of a supervisor or tradesperson certificate, is guilty of improper conduct if the holder:
(a) commits an offence against this Act or the regulations, whether or not an information has been laid for the offence, or (b) in the course of doing any work that the licence or certificate authorises the holder to do, fails to comply with the requirements applicable to the work made by or under this or any other Act in respect of the work, or (c) breaches a statutory warranty, or (d) in the case of specialist work, does the work otherwise than in a good and workmanlike manner or knowingly uses faulty or unsuitable materials in the course of doing the work.
(1) An individual who is a member of a partnership or an officer of a corporation that is the holder of a licence is guilty of improper conduct if the holder does any of the things referred to in section 51 or 52.
(1) This section applies if the Director-General is of the opinion that there are reasonable grounds for believing that there are grounds for taking disciplinary action under section 62 against the holder of an authority. (2) The Director-General may serve a notice in writing on the holder of an authority, inviting the holder to show cause why he, she or it should not be dealt with under this Division. (3) The notice must state the grounds on which the holder is required to show cause and must specify the period, being at least 14 days, during which it must be done.
(1) A decision of the Director-General under section 62, other than a decision to take no further action, has no effect until notice of the decision is served or taken to be served on the holder of the authority who is the subject of the decision, or a later time allowed by the Director-General. (2) If the Director-General suspends or cancels an authority under section 62, the suspension or cancellation takes effect on and from a day determined by the Director-General and notified, by notice in writing, to the holder of the authority.
(1) For such reason as to it appears sufficient, the District Court may, by its order, suspend any licence for not more than 60 days. (2) The District Court may make a suspension order in chambers or in open court.
(1) An applicant for the issue or alteration of an authority aggrieved by any decision of the Director-General relating to the application may apply to the Tribunal for a review of the decision.
(1) An appeal must be lodged with the registrar of the Tribunal within 30 days:
(a) after notice of the decision, determination or order concerned is served on the aggrieved person, or (b) after the decision, determination or order is required by subsection (2) to be taken to have been made.
(1) A person must not do residential building work under a contract unless:
(a) a contract of insurance that complies with this Act is in force in relation to that work in the name of the person who contracted to do the work, and (b) a certificate of insurance evidencing the contract of insurance, in a form prescribed by the regulations, has been provided to the other party (or one of the other parties) to the contract. Maximum penalty: 200 penalty units. (2) Except as provided by section 94 (1A), a person must not demand or receive a payment under a contract for residential building work (whether as a deposit or other payment and whether or not work under the contract has commenced) from any other party to the contract unless:
(a) a contract of insurance that complies with this Act is in force in relation to that work in the name of the person who contracted to do the work, and (b) a certificate of insurance evidencing the contract of insurance, in a form prescribed by the regulations, has been provided to the other party (or one of the other parties) to the contract. Maximum penalty: 200 penalty units.
(1) A person must not supply a kit home under a contract unless:
(a) a contract of insurance that complies with this Act is in force in relation to the supply of that kit home in the name of the person who contracted to supply the kit home, and (b) a certificate of insurance evidencing the contract of insurance, in a form prescribed by the regulations, has been provided to the other party (or one of the other parties) to the contract. Maximum penalty: 200 penalty units.
(1) If a contract of insurance required by section 92 is not in force, in the name of the person who contracted to do the work, in relation to any residential building work done under a contract (the uninsured work ), the contractor who did the work:
(a) is not entitled to damages, or to enforce any other remedy in respect of a breach of the contract committed by any other party to the contract, in relation to that work, and (b) is not entitled to recover money in respect of that work under any other right of action (including a quantum meruit). (1A) Despite section 92 (2) and subsection (1), if a court or tribunal considers it just and equitable, the contractor, despite the absence of the required contract of insurance, is entitled to recover money in respect of that work on a quantum meruit basis. (1B) A contractor who applies to a court or tribunal for a remedy under this section, or who is awarded money under this section, is not guilty of an offence under section 92 (2) by virtue only of that fact.
(1) If a contract of insurance required by section 93 is not in force, in the name of the person who contracted to do the work, in relation to the supply of a kit home under a contract (the uninsured kit home ), the supplier of the kit home:
(a) is not entitled to damages or to enforce any other remedy in respect of a breach of the contract committed by any other party to the contract, and (b) is not entitled to recover money in respect of the supply of the kit home under any other right of action (including a quantum meruit). (1A) Despite section 93 (2) and subsection (1), if a court or tribunal considers it just and equitable, the contractor, despite the absence of the required contract of insurance is entitled to recover money in respect of the supply of the kit home on a quantum meruit basis.
(1) An owner-builder must not enter into a contract for the sale of land on which owner-builder work is to be or has been done by or on behalf of the owner-builder unless a contract of insurance that complies with this Act is in force in relation to the work or proposed work. Maximum penalty: 200 penalty units. (2) An owner-builder must not enter into a contract for the sale of land on which owner-builder work is to be or has been done by or on behalf of the owner-builder unless a certificate of insurance evidencing the contract of insurance, in a form prescribed by the regulations, is attached to the contract. Maximum penalty: 200 penalty units.
(1) A person must not do residential building work otherwise than under a contract unless a contract of insurance that complies with this Act is in force in relation to that work. Maximum penalty: 100 penalty units. (2) A person who does residential building work otherwise than under a contract must not enter into a contract for the sale of land on which the residential building work has been done, or is to be done, unless a certificate of insurance evidencing the contract of insurance required under this Part for that work, in a form prescribed by the regulations, is attached to the contract of sale. Maximum penalty: 200 penalty units.
(1) A developer must not enter into a contract for the sale of land on which residential building work has been done, or is to be done, on the developer’s behalf unless a certificate of insurance evidencing the contract of insurance required under section 92 by the person who did or does the work for the developer, in a form prescribed by the regulations, is attached to the contract of sale. Maximum penalty: 200 penalty units.
(1) A person may apply to the Director-General to be exempted from the operation of a provision of section 95 or 96 in a particular case.
(1) The Director-General may approve a form for giving notice of a claim under a contract of insurance. (2) A claim under a contract of insurance may be made in the approved form but is not required to be made in that form.
(1) This section applies to all contracts of insurance required to be entered into by or under this Part. (2) The insurance must be of a kind approved by the Minister and be provided by an insurer approved by the Minister.
(1) This Part does not apply to or in respect of any residential building work or owner-builder work or the supply of a kit home if the work or supply is, for the time being, covered by a home building indemnity scheme, or other similar arrangement, approved by the Minister by notice published in the Gazette. (2) The notice is to set out the terms of any such scheme or arrangement.
(1) The Minister may approve a kind of insurance, or an insurer, for the purposes of this Part. An approval may be unconditional or subject to conditions.
(1) The Minister may, by notice in writing served on an insurer, suspend the approval of an insurer under section 103A, but only if the insurer concerned:
(a) has contravened a provision of this Act or the regulations, or (b) has contravened a condition of the approval, or (c) has agreed to the suspension.
(1) It is a condition of an approval of an insurer under section 103A that the insurer provide to the Director-General any information about the insurance provided or proposed to be provided by the insurer to meet the requirements of this Part that the Director-General requests in writing, within the time specified in the request.
(1) A contract of insurance must provide insurance cover for loss arising from non-completion of the work for a period of not less than 12 months after the failure to commence, or cessation of, the work the subject of the cover. (2) A contract of insurance must provide insurance cover for other loss insured in accordance with this Act for a period of not less than:
(a) in the case of loss arising from a structural defect within the meaning of the regulations—6 years after the completion of the work or the supply of the kit home, or the end of the contract relating to the work or supply, whichever is the later, or (b) in the case of loss arising otherwise than from any such structural defect—2 years after the completion of the work or the supply of the kit home, or the end of the contract relating to the work or supply, whichever is the later.
(1) In this Part: beneficiary means a person covered by an indemnity from the State under Division 2.builder means a contractor or supplier (within the meaning of Part 6), an owner-builder or person who does residential building work otherwise than under a contract.developer has the same meaning as in Part 6.Guarantee Corporation means the Building Insurers’ Guarantee Corporation constituted under Division 3.insolvent insurer means an insurer to whom:
(a) an order of the Treasurer in force under section 16A of the relates, or Insurance Protection Tax Act 2001 (b) an order of the Minister in force under section 103G relates. Note— See also section 16A (2) of the in relation to HIH companies. Insurance Protection Tax Act 2001 insolvent insurer’s policy means a contract of insurance, required under Part 6, that has been entered into by an insolvent insurer, whether before or after the insurer became an insolvent insurer.insurer means an insurer approved by the Minister under section 103A of this Act (anapproved insurer ) or a former approved insurer, but does not include an insolvent insurer.liquidator includes a provisional liquidator.
(1) Subject to this Part, the State must indemnify any person:
(a) who is entitled to recover an amount under a contract of insurance entered into under Part 6 in connection with any matter, and (b) who is covered by an insolvent insurer’s policy, to the extent of the amount that the person is entitled to recover under that policy in connection with that matter.
(1) A claim by a beneficiary under the indemnity provided by this Division is to be made to the Guarantee Corporation in accordance with the procedures approved under this section.
(1) Where the Guarantee Corporation pays an amount to a beneficiary (or a person nominated by a beneficiary) under the indemnity provided by this Division, the beneficiary is taken to have assigned the beneficiary’s rights in respect of the matter covered by the indemnity to the Guarantee Corporation.
(1) Subject to subsection (3), if a claim is made by a beneficiary under the indemnity provided by this Division in respect of incomplete or defective residential building work or the non-supply of a kit home or supply of a defective kit home, the Guarantee Corporation may give reasonable directions to the builder concerned in respect of:
(a) the completion of the building work or the rectification of the defective building work, or the supply of the kit home or the replacement of the defective kit home, or (b) the payment by the builder to the Building Insurers’ Guarantee Fund of any amount in respect of the completion of the building work or the rectification of the defective building work, or the supply of the kit home or the replacement of the defective kit home. (2) Subject to subsection (3), if a claim is made by a beneficiary under the indemnity provided by this Division, the Guarantee Corporation may direct the builder concerned to pay to the Building Insurers’ Guarantee Fund any amount paid out of the Fund on that claim.
(1) There is established a fund, to be known as the Building Insurers’ Guarantee Fund, belonging to the Guarantee Corporation.
(1) The Guarantee Corporation has the following functions:
(a) to deal with and finalise claims under this Part on behalf of the State, (b) to hold and manage, on behalf of the State, the Building Insurers’ Guarantee Fund in accordance with this Act, (c) any other function conferred or imposed on it by or under this or any other Act or law.
(1) The remaining assets, rights and liabilities of the BSC are transferred to the Administration Corporation.
(1) The Administration Corporation is required to maintain with any one or more of a bank, building society or credit union in New South Wales a Home Building Trust Account (the Trust Account ) which is to consist of amounts held in the Building Services Corporation Trust Account which was maintained under this Act immediately before the commencement of this section.
(1) The Administration Corporation is required to maintain with one or more banks, building societies or credit unions in New South Wales a Building Insurance Fund.
(1) The Administration Corporation must maintain an account called the Fair Trading Administration Corporation General Account.
(1) The Director-General is to maintain a register of:
(a) particulars of licences, supervisor and tradesperson certificates and owner-builder permits, and (b) such other particulars as are required to be kept in the register by the regulations.
(1) For the purpose of ensuring compliance with this Act and the regulations, and for any other purpose related to carrying out the Director-General’s functions, the Director-General may authorise a person in writing:
(a) to enter any land, building, vehicle or vessel at any reasonable time, and (b) to carry out there any examination or inspection in connection with any structure or work, whether or not it has been completed. (2) This section does not apply to a person making an inspection for the purpose of preparing a report under Division 1. (3) An authorised person may not enter a dwelling except:
(a) with the permission of the occupier of the dwelling, or (b) under the authority conferred by a search warrant.
(1) In this section: authorised person means:
(a) a person authorised in writing by the Director-General for the purposes of this section and holding a certificate issued by the Director-General as to that authority, or (b) an investigator appointed under section 18 of the . Fair Trading Act 1987 relevant information means information about:
(a) a possible offence against this Act or the regulations, or against another Act if the offence relates to specialist work, or (b) a complaint under this Act, or (c) an investigation by the Director-General into a matter that is or may be the subject of disciplinary proceedings under this Act, or (d) an application for a licence or a supervisor or tradesperson certificate. (e) (2) The Director-General may, by notice in writing served personally or by post on a person, require the person:
(a) to give to an authorised person, in writing signed by the person (or, in the case of a body corporate, by a competent officer of the body corporate) and within the time and in the manner specified in the notice, any relevant information of which the person has knowledge, or (b) to produce to an authorised person, in accordance with the notice, any document containing relevant information, or (c) to appear before an authorised person at a time and place specified in the notice and then and there to give (either orally or in writing) relevant information or to answer any questions reasonably related to giving relevant information or producing documents containing such information.
(1) An authorised officer may serve a penalty notice on a person if:
(a) it appears to the officer that the person has committed an offence against this Act or the regulations, and (b) the regulations prescribe that offence as being one for which a penalty notice may be issued. (2) A penalty notice is a notice to the effect that, if the person served does not wish to have the matter determined by a court, the person may pay, within the time and to the person specified in the notice, the amount of penalty prescribed by the regulations for the offence if dealt with under this section. (3) A penalty notice may be served personally or by post.
(1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives. (2) The review is to be undertaken 3 years after the date of assent to the . Home Building Legislation Amendment Act 2001 (3) A report on the outcome of the review is to be tabled in each House of Parliament as soon as possible after the review is completed and, in any case, within 6 months after the end of the 3-year period referred to in subsection (2).
(Section 142)