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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 ═════════════ 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. 2 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 4 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". 6 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". 7 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). ═════════════ 10 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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