An Act to amend the Environmental Planning and Assessment Act 1979, the Home Building Act 1989 and various other Acts and instruments with respect to the quality of building construction; and for other purposes.
1 Name of Act
This Act is the Building Legislation Amendment (Quality of Construction) Act 2002.
2 Commencement
(1) This Act commences on a day or days to be appointed by proclamation, except as provided by subsection (2).(2) Schedule 1.1 [14] commences on the date of assent to this Act, or on the commencement of Schedule 2 [6] to the Land and Environment Court Amendment Act 2002, whichever is the later.
3 Amendment of environmental planning and assessment legislation
The Environmental Planning and Assessment Act 1979, the Environmental Planning and Assessment Regulation 2000, the Environmental Planning and Assessment (Savings and Transitional) Regulation 1998 and the Local Government and Environmental Planning and Assessment Amendment (Transfer of Functions) Act 2001 are amended as set out in Schedule 1.
4 Amendment of home building legislation
The Home Building Act 1989, the Home Building Regulation 1997, the Home Building Legislation Amendment Act 2001 and the Consumer, Trader and Tenancy Tribunal Act 2001 are amended as set out in Schedule 2.
5 Amendment of conveyancing legislation
The Conveyancing (Sale of Land) Regulation 2000 is amended as set out in Schedule 3.
Schedule 1 (Repealed)
sch 1: Am 2003 No 95, sec 5. Rep 2005 No 64, Sch 3.
Schedule 2 Amendment of home building legislation
(Section 4)
[1] (Repealed)
[2] Section 20 Issue of licences
Insert after section 20 (3):(4) The Director-General must reject an application for a licence if not satisfied that the applicant meets such standards of financial solvency as the Director-General determines to be appropriate to the class of licence to which the application relates.
[3] Section 20 (5)
Insert “or (4)” after “(2)”.
[4] Section 40 Renewal or restoration of authorities
Insert after section 40 (4):(4A) The Director-General must reject an application for renewal or restoration of a licence if not satisfied that the applicant meets such standards of financial solvency as the Director-General determines to be appropriate to the class of licence to which the application relates.(4B) A decision of the Director-General relating to determining standards under subsection (4A) cannot be reviewed by the Administrative Decisions Tribunal in an application for review made under this Act.
[5]–[16] (Repealed)
[17] Part 7A
Insert after Part 7:Part 7A Home building advisory and advocacy services115A Home building advisory and advocacy services(1) The Minister must engage such persons or bodies as the Minister may determine to provide home building advisory and advocacy services to the public.(2) The regulations must make provision with respect to the reports to be furnished to the Minister by persons and bodies engaged under this section.(3) In this section, home building advisory and advocacy services means:(a) the development and provision of education programs in relation to consumer rights concerning home purchase and home construction, or(b) the provision to consumers of advisory and advocacy services in relation to home purchase and home construction, or(c) the referral of consumers to building consultants and legal practitioners for further advice in relation to the technical and legal aspects of home purchase and home construction, or(d) the publication of information as to the programs and services that are available from the Government or from other sources in relation to home purchase and home construction, or(e) such other services as are declared by the regulations to be services that are eligible for funding under this section.
[18]–[22] (Repealed)
2.2–2.4
(Repealed)sch 2: Am 2005 No 64, Sch 3.
Schedule 3 (Repealed)
sch 3: Rep 2005 No 64, Sch 3.