2006
2006
2006-11-28
act
government
publicspecial
act.reprint
allinforce
2006-10-27
2006-10-27
0
2006-11-28
act-2006-102
2006
none
act-2006-102
672338d5-9df8-4576-8526-a366f6b5a649
418f3dc7-74cd-4daf-aeaa-41d2a7f5ccf4
Note—
The Act was repealed by sec 4 (1) of this Act
with effect from 28.11.2006.
An Act to amend the Home
Building Act 1989 with respect to proceedings to enforce
statutory warranties with respect to residential building work; and for other
purposes.
1Name of
Act
This Act is the Home Building
Amendment (Statutory Warranties) Act
2006.
2Commencement
This Act commences on the date of assent to this
Act.
3Amendment of Home Building Act 1989 No
147
The Home Building Act
1989 is amended as set out in Schedule
1.
4Repeal of
Act
(1)
This Act is repealed on the day following the day
on which this Act commences.
(2)
The repeal of this Act does not, because of the
operation of section 30 of the Interpretation
Act 1987, affect any amendment made by this
Act.
Schedule 1Amendments
(Section 3)
[1]Section 18D Extension of
statutory warranties
Omit “, except for work and materials in
respect of which the person’s predecessor has enforced the
warranty”.
[2]Section 18D
(2)
Insert at the end of section 18D:
(2)
Subsection (1) does not give a successor in title
any right to enforce a statutory warranty in proceedings in relation to a
deficiency in work or materials if the warranty has already been enforced in
relation to that particular deficiency by the person’s predecessor in
title.
[3]Section 18E Proceedings for
breach of warranties
Insert at the end of the section:
(2)
The fact that a person entitled to the benefit of
a statutory warranty specified in paragraph (a), (b), (c), (e) or (f) of
section 18B has enforced the warranty in proceedings in relation to a
particular deficiency in the work does not prevent the person from enforcing
the same warranty in subsequent proceedings for a deficiency of a different
kind in the work if:
(a)
the deficiency the subject of the subsequent
proceedings was in existence when the work to which the warranty relates was
completed, and
(b)
the person did not know, and could not reasonably
be expected to have known, of the existence of the deficiency at the
conclusion of the earlier proceedings, and
(c)
the subsequent proceedings are brought within the
period referred to in subsection (1).
[4]Schedule 4 Savings and
transitional provisions
Insert at the end of clause 2 (1):
Home Building
Amendment (Statutory Warranties) Act
2006
[5]Schedule 4, Part
13
Insert after Part 12:
Part 13Provisions consequent on
Home Building Amendment (Statutory Warranties) Act
2006
78Proceedings for breach of
statutory warranties
(1)
In this clause:
amending
Act means the Home Building
Amendment (Statutory Warranties) Act
2006.
(2)
Part 2C, as amended by the amending Act, extends
to a breach of warranty that occurred before the commencement of this
clause.
(3)
Part 2C, as amended by the amending Act, applies
to and in respect of proceedings to enforce a statutory warranty that are
commenced after the commencement of this clause and that are subsequent to
earlier proceedings to enforce the same warranty that were finally disposed of
before that commencement.
(4)
Part 2C, as amended by the amending Act, applies
to or in respect of subsequent proceedings to enforce a statutory warranty
that were commenced before the commencement of this clause and that have not
been heard.
Historical
notes
Table of amending
instruments
Home Building
Amendment (Statutory Warranties) Act 2006 No 102. Second
reading speech made: Legislative Assembly, 27.10.2006; Legislative Council,
16.11.2006. Assented to 27.11.2006. Date of commencement, assent, sec
2.