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This is a Bill, not an Act. For current law, see the Acts databases.
Building Legislation Amendment (Domestic
Building Insurance New Offences) Act 2024
No. of 2024
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purposes 1
2 Commencement 2
Part 2--Amendment of the Domestic Building Contracts Act 1995 3
3 Definitions 3
4 Building work to which this Act applies 3
5 New Part 3A inserted 4
Part 3--Amendment of the Building Act 1993 6
6 Purposes 6
7 Offence to work as building practitioner or engineer without
required insurance 6
8 Insurance for domestic building work to be provided by
designated insurers 6
9 Insurance for domestic building work 6
10 Grounds for immediate suspension 7
11 Power to obtain information or documents 7
12 Meaning of authorised person in this Subdivision 7
13 New section 234DA inserted 8
14 Proceedings for offences 9
15 Ineligibility for registration 9
16 Offences by partners 9
17 Offences by bodies corporate 9
18 Statute law revision 9
Part 4--Repeal of this Act 10
19 Repeal of this Act 10
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Endnotes 11
1 General information 11
i
Building Legislation Amendment
(Domestic Building Insurance New
Offences) Act 2024
No. of 2024
[Assented to ]
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purposes
The purposes of this Act are--
(a) to amend the Domestic Building Contracts
Act 1995--
(i) to insert offences for a builder to
demand or receive money under a
major domestic building contract if the
builder has not ensured that the
1
Building Legislation Amendment (Domestic Building Insurance New
Offences) Act 2024
No. of 2024
Part 1--Preliminary
domestic building work to be carried
out under the contract is covered by
insurance; and
(ii) to make other miscellaneous and
consequential amendments; and
(b) to amend the Building Act 1993--
(i) to amend the purposes of that Act to
include regulating builders, and
enforcing offences under the Domestic
Building Contracts Act 1995, in
relation to demanding or receiving
money under a major domestic building
contract if the builder has not ensured
that the domestic building work to be
carried out under the contract is
covered by insurance; and
(ii) to provide that investigation and
enforcement powers may be exercised,
and proceedings may be commenced, in
relation to the contravention of certain
provisions of the Domestic Building
Contracts Act 1995; and
(iii) to provide that builders who are found
guilty of certain offences against the
Domestic Building Contracts
Act 1995 may become ineligible for
registration for a period of time; and
(iv) to make other miscellaneous and
consequential amendments.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 28 November 2024, it comes into
operation on that day.
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Building Legislation Amendment (Domestic Building Insurance New
Offences) Act 2024
No. of 2024
Part 2--Amendment of the Domestic Building Contracts Act 1995
Part 2--Amendment of the Domestic
Building Contracts Act 1995
3 Definitions
(1) In section 3(1) of the Domestic Building
Contracts Act 1995, for the definition of builder
substitute--
"builder means a person who, or a partnership
which, carries out or intends to carry out
domestic building work;".
(2) In section 3(1) of the Domestic Building
Contracts Act 1995, for the definition of major
domestic building contract substitute--
"major domestic building contract means a
domestic building contract under which the
amount of money that a builder will receive
for the carrying out of domestic building
work is more than the amount fixed by the
regulations;".
4 Building work to which this Act applies
After section 5(1)(g) of the Domestic Building
Contracts Act 1995 insert--
"(ga) the managing or arranging of the carrying
out of work referred to in paragraphs (a) to
(g);".
3
Building Legislation Amendment (Domestic Building Insurance New
Offences) Act 2024
No. of 2024
Part 2--Amendment of the Domestic Building Contracts Act 1995
5 New Part 3A inserted
After Part 3 of the Domestic Building Contracts
Act 1995 insert--
"Part 3A--Offences related to
major domestic building contracts
and domestic building insurance
43A Definition
In this Part--
domestic building insurance, that covers
domestic building work, means
insurance that--
(a) relates to the carrying out of the
domestic building work; and
(b) a builder is required, by an order
under section 135 of the Building
Act 1993, to be covered by within
the meaning of section 135(6) of
that Act; and
(c) complies with section 137AA of
that Act.
43B Offence for builder to demand or receive
money under major domestic building
contract without ensuring that work is
covered by domestic building insurance
(1) A builder who has entered into a major
domestic building contract for the carrying
out of domestic building work for which the
builder is required to be covered by
insurance by an order under section 135 of
the Building Act 1993 must not demand or
receive money from the building owner
under the contract, or from a person acting
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Building Legislation Amendment (Domestic Building Insurance New
Offences) Act 2024
No. of 2024
Part 2--Amendment of the Domestic Building Contracts Act 1995
on behalf of the building owner, if the
builder--
(a) knows that the builder has not ensured
that the domestic building work is
covered by domestic building
insurance; or
(b) is reckless as to whether the builder has
ensured that the domestic building
work is covered by domestic building
insurance.
Penalty: 500 penalty units, in the case of a
natural person;
2500 penalty units, in the case of a
body corporate.
(2) A builder who has entered into a major
domestic building contract for the carrying
out of domestic building work for which the
builder is required to be covered by
insurance by an order under section 135 of
the Building Act 1993 must not demand or
receive money from the building owner
under the contract, or from a person acting
on behalf of the building owner, if the
builder has not ensured that the domestic
building work is covered by domestic
building insurance.
Penalty: 240 penalty units, in the case of a
natural person;
1200 penalty units, in the case of a
body corporate.".
5
Building Legislation Amendment (Domestic Building Insurance New
Offences) Act 2024
No. of 2024
Part 3--Amendment of the Building Act 1993
Part 3--Amendment of the Building
Act 1993
6 Purposes
After section 1(d) of the Building Act 1993
insert--
"(da) to regulate builders, and enforce offences
under the Domestic Building Contracts
Act 1995, in relation to demanding or
receiving money under a major domestic
building contract if the builder has not
ensured that the domestic building work to
be carried out under the contract is covered
by domestic building insurance within the
meaning of that Act; and".
7 Offence to work as building practitioner or engineer
without required insurance
(1) In section 136(1) of the Building Act 1993 omit
"or managing or arranging the carrying out of".
(2) In section 136(2) of the Building Act 1993 omit
"or manage or arrange the carrying out of".
8 Insurance for domestic building work to be
provided by designated insurers
In section 137AA(1) of the Building Act 1993
omit "or managing or arranging the carrying out
of domestic building work".
9 Insurance for domestic building work
(1) In section 137A(1) of the Building Act 1993 omit
"or managing or arranging the carrying out of
domestic building work".
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Building Legislation Amendment (Domestic Building Insurance New
Offences) Act 2024
No. of 2024
Part 3--Amendment of the Building Act 1993
(2) After section 137A(2) of the Building Act 1993
insert--
"(2A) An order under section 135 may require a
builder to be covered by insurance relating to
the carrying out of domestic building work
only in the circumstances specified in the
order including if the cost of carrying out the
domestic building work will exceed an
amount of money specified in the order.".
10 Grounds for immediate suspension
After section 180(b)(i) of the Building Act 1993
insert--
"(ia) section 43B(1) or (2) of the Domestic
Building Contracts Act 1995; or".
11 Power to obtain information or documents
(1) After section 227G(1)(a) of the Building
Act 1993 insert--
"(ab) if the authorised person is the Authority, and
the Authority has reasonable grounds to
suspect that an offence has been committed
under section 43B(1) or (2) of the Domestic
Building Contracts Act 1995; or".
(2) After section 227G(1)(b) of the Building
Act 1993 insert--
"(ba) if the authorised person is the Authority, to
determine whether section 43B(1) or (2) of
the Domestic Building Contracts Act 1995
has been complied with; or".
12 Meaning of authorised person in this Subdivision
(1) In the heading to section 227I of the Building
Act 1993, after "in this Subdivision" insert "and
interpretation".
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Building Legislation Amendment (Domestic Building Insurance New
Offences) Act 2024
No. of 2024
Part 3--Amendment of the Building Act 1993
(2) At the end of section 227I of the Building
Act 1993 insert--
'(2) In this Subdivision a reference to "this Act or
the regulations" is taken to be a reference to
"this Act or the regulations or section 43B(1)
or (2) of the Domestic Building Contracts
Act 1995" if the relevant authorised person
is a VBA inspector.'.
13 New section 234DA inserted
In Subdivision 2 of Division 2A of Part 13, before
section 234E of the Building Act 1993 insert--
'234DA Interpretation
In this Subdivision--
(a) a reference to "a contravention of a
provision of this Act or of the
regulations" is taken to be a reference
to "a contravention of a provision of
this Act or of the regulations or of
section 43B(1) or (2) of the Domestic
Building Contracts Act 1995" if the
Authority has applied to the court for
an injunction; and
(b) a reference to "an offence under this
Act or the regulations" is taken to be a
reference to "an offence under this Act
or the regulations or section 43B(1) or
(2) of the Domestic Building
Contracts Act 1995" if the Authority
has applied to the court for an
injunction.'.
8
Building Legislation Amendment (Domestic Building Insurance New
Offences) Act 2024
No. of 2024
Part 3--Amendment of the Building Act 1993
14 Proceedings for offences
After section 241(3) of the Building Act 1993
insert--
"(3A) A proceeding for an offence against
section 43B(1) or (2) of the Domestic
Building Contracts Act 1995 may be
commenced by--
(a) the Authority; or
(b) a natural person authorised by the
Minister or the Authority.".
15 Ineligibility for registration
In section 241A(1), (2) and (3) of the Building
Act 1993, after "1995" insert "or guilty of an
offence against section 11(1), 40(2) or (3) or
43B(1) or (2) of the Domestic Building
Contracts Act 1995".
16 Offences by partners
In section 242A of the Building Act 1993, for "an
offence" substitute "an offence, or if a builder is
found guilty of an offence against section 43B(1)
or (2) of the Domestic Building Contracts
Act 1995,".
17 Offences by bodies corporate
In section 243 of the Building Act 1993, after
"the regulations" insert "or section 43B(1) or (2)
of the Domestic Building Contracts Act 1995".
18 Statute law revision
Insert the following heading to section 3 of the
Building Act 1993--
"Definitions and interpretation".
9
Building Legislation Amendment (Domestic Building Insurance New
Offences) Act 2024
No. of 2024
Part 4--Repeal of this Act
Part 4--Repeal of this Act
19 Repeal of this Act
This Act is repealed on 28 November 2025.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Building Legislation Amendment (Domestic Building Insurance New
Offences) Act 2024
No. of 2024
Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech--
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to amend the
Domestic Building Contracts Act 1995 and the Building Act 1993 and
for other purposes."
By Authority. Government Printer for the State of Victoria.
11
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