New South Wales Consolidated Acts

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HOME BUILDING ACT 1989 - SECT 103F

Interpretation

103F Interpretation

(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.

"chief executive" means the chief executive of the Self Insurance Corporation appointed under the NSW Self Insurance Corporation Act 2004 .

"claims administrator" means--
(a) in relation to a matter involving a contract of insurance entered into under Part 6 by a former approved insurer as such an insurer--the Guarantee Corporation, or
(b) in relation to any other matter involving a contract of insurance entered into under Part 6--the Authority.

"former approved insurer" means an insurer that was formerly approved by the Minister under section 103A as in force before its repeal by the NSW Self Insurance Corporation Amendment (Home Warranty Insurance) Act 2010 .

"Guarantee Corporation" means the Building Insurers' Guarantee Corporation constituted under Division 3.

"guarantee fund" means--
(a) in relation to a matter involving a contract of insurance entered into under Part 6 by a former approved insurer as such an insurer--the Building Insurers' Guarantee Fund, or
(b) in relation to any other matter involving a contract of insurance entered into under Part 6--the Home Building Insurers Guarantee Fund.

"insolvent insurer" means an insurer to whom--
(a) an order of the Treasurer in force under section 16A of the Insurance Protection Tax Act 2001 relates, or
(b) an order of the Minister in force under section 103G relates.
Note : See also section 16A(2) of the Insurance Protection Tax Act 2001 in relation to HIH companies.

"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--
(a) a former approved insurer, or
(b) a licensed insurer (other than the Self Insurance Corporation),
but does not include an insolvent insurer.

"liquidator" includes a provisional liquidator.
(2) In this Part, a reference to a liquidator or to a provisional liquidator includes a reference to a liquidator or a provisional liquidator appointed outside New South Wales.
(3) So far as the legislative power of Parliament permits, the liquidator of an insolvent insurer has outside New South Wales the functions conferred or imposed on the liquidator by this Part, in addition to having those functions within New South Wales.
(4) This Part has effect despite any provisions of the Corporations (New South Wales) Act 1990 or of the applicable provisions (as defined in that Act) of the State.



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