- Act 32 of 2016 - Royal Assent 7 October 2016 TABLE OF PROVISIONS Long Title PART 1 - Preliminary 1. Short title 2. Commencement 3. Act binds Crown PART 2 - Interpretation 4. Definitions 5. Meaning of residential building 6. Meaning of residential building work 7. Meaning of provisional sum 8. Certain contracts taken to be one contract PART 3 - Application 9. Application of Act 10. Exemptions from application of Act PART 4 - Functions and Powers of Director 11. Functions and powers of Director 12. Delegation PART 5 - Contracts Division 1 - Contracts generally 13. Contracts must be in writing 14. General contents of contracts 15. Contracts must be signed 16. Copy of contract for owner Division 2 - Variations of contracts 17. Variations must be in writing 18. General contents of variation document 19. Variation document must be signed 20. Copy of variation document for owner 21. Where variation requires consent by building surveyor or authorisation to be obtained PART 6 - Statutory Warranties in Contracts Division 1 - Statutory warranties for all residential building work contracts 22. Implied warranties 23. Suitability of materials 24. Compliance with legal requirements 25. Standard of work and exercise of care and skill Division 2 - Statutory warranties for particular contracts 26. Implied warranties 27. Adherence to plans and specifications 28. Suitability of residential building for occupation 29. Carrying out work with reasonable diligence 30. Calculation of provisional sums and prime cost items Division 3 - Effect of statutory warranties 31. Succession to statutory warranties 32. Proceedings for breach of statutory warranty PART 7 - Cooling-off Period 33. Right of owner to withdraw from contract in cooling-off period 34. Restrictions affecting right of withdrawal in cooling-off period 35. Right of owner to withdraw from contract if cooling-off warning not given 36. Withdrawal procedure 37. Rights and obligations of parties following withdrawal in cooling-off period 38. Rights of building contractor following withdrawal for failure to give warning PART 8 - Obligations of Building Contractor 39. Building contractor must give owner copy of residential building consumer guide 40. Building contractor to give commencement notice 41. Deposits 42. Progress payments 43. Building contractor to give notice of practical completion 44. Correction of minor defects and omissions PART 9 - Mediation 45. Interpretation of Part 9 46. Application of Part 47. Lodging of notice of dispute 48. Acceptance of notice of dispute lodged with Director 49. Establishment of mediation panel 50. Director may join parties to mediation of dispute 51. Panel to mediate dispute 52. Director may issue guidance materials 53. Where parties reach settlement within relevant period 54. Where parties fail to settle dispute within relevant period 55. Use of evidence obtained in the course of mediation PART 10 - Adjudication Division 1 - Introductory provisions 56. Interpretation of Part 10 57. When work taken to not be satisfactorily completed 58. Application of Part Division 2 - Work-completion claims 59. Work-completion claims 60. Contents of work-completion claims 61. Time limit for making work-completion claims Division 3 - Application for adjudication of work-completion claims 62. Application for adjudication of work-completion claim 63. Respondent may respond to application 64. Director to determine whether to accept or reject application 65. Withdrawal of application Division 4 - Inspections 66. Director may, on request of party, arrange for inspection of work 67. Conduct of inspection 68. Time to be given to enable consideration of inspection report Division 5 - Expert panels 69. Establishment of pool of experts 70. Appointment of expert panel 71. Conduct of adjudication proceedings 72. Expert panel may join parties to adjudication proceedings Division 6 - Determination of adjudication applications 73. Determination of adjudication application 74. Work-completion orders 75. Other orders or declarations 76. Orders relating to fees and expenses of expert panel 77. Compliance with orders PART 11 - Miscellaneous 78. Avoidance of requirements of Act 79. Infringement offences 80. Proceedings for offences 81. Director may approve residential building consumer guides 82. Guide to Standards and Tolerances 83. Remuneration of panel members 84. Members of panels disqualified if interested 85. Liability of Director and members of panels 86. Fees payable to Building Administration Fund 87. Regulations 88. Administration of Act 89. Savings and transitional 90. Consequential amendments 91. Legislation repealed SCHEDULE 1 SCHEDULE 2[ Note: This table has been automatically generated and may be incomplete. ]