Victorian Current Acts Victorian Current ActsNo. 91 of 1995
Version incorporating amendments as at
24 April 2024
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Version No. 092
Domestic Building Contracts Act 1995
No. 91 of 1995
Version incorporating amendments as at
24 April 2024
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 24 October 1995
Legislative Council: 15 November 1995
The long title for the Bill for this Act was "A Bill to regulate domestic building contracts and to establish a Domestic Building Disputes Tribunal and to amend the House Contracts Guarantee Act 1987 and the Building Act 1993 and for other purposes.".
Constitution Act 1975:
Section 85(5) statement:
Legislative Assembly: 24 October 1995
Legislative Council: 15 November 1995
Absolute majorities:
Legislative Assembly: 14 November 1995
Legislative Council: 23 November 1995.
The Domestic Building Contracts and Tribunal Act 1995 was assented to on 5 December 1995 and came into operation as follows:
Part 1 (sections 1–7) on 5 December 1995: section 2(1); section 158 on 1 May 1996: section 2(1A); Parts 4 (sections 44–50), 5 (sections 51–121), 8 (except section 158), Schedule 1 on 1 April 1996; rest of Act on 1 May 1996: Government Gazette 29 February 1996 page 445.
The name of this Act was changed from the Domestic Building Contracts and Tribunal Act 1995 to the Domestic Building Contracts Act 1995 by section 36 of the Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other
material printed after the Endnotes does not form part of an Act.
See
section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Domestic Building Contracts Act 1995 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Domestic Building Contracts Act 1995, No. 91/1995
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Assent Date: |
5.12.95 |
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Commencement Date: |
Sch. 1 cl. 4(5) inserted on 26.4.17 by No. 15/2016 s. 12: Special Gazette (No. 94) 27.3.17 p. 1 |
|
Note: |
Sch. 1 cl. 4(5) repealed Sch. 1 cl. 4 on 1.7.19 |
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Current State: |
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995 |
Domestic Building Contracts and Tribunal (Amendment) Act 1996, No. 2/1996
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Assent Date: |
18.6.96 |
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Commencement Date: |
18.6.96: s. 2 |
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Current State: |
All of Act in operation |
Legal Practice Act 1996, No. 35/1996
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Assent Date: |
6.11.96 |
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Commencement Date: |
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Current State: |
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995 |
Legal Practice (Amendment) Act 1997, No. 102/1997
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Assent Date: |
16.12.97 |
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Commencement Date: |
S. 49(Sch. item 1) on 16.12.97: s. 2(1) |
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Current State: |
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995 |
Residential Tenancies Act 1997, No. 109/1997
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Assent Date: |
23.12.97 |
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Commencement Date: |
S. 533(Sch. 2 item 2.1) on 1.7.98: Government Gazette 18.6.98 p. 1512 |
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Current State: |
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995 |
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998
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Assent Date: |
26.5.98 |
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Commencement Date: |
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Current State: |
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995 |
Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998
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Assent Date: |
2.6.98 |
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Commencement Date: |
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Current State: |
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995 |
Licensing and Tribunal (Amendment) Act 1998, No. 101/1998
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Assent Date: |
1.12.98 |
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Commencement Date: |
Pt 3 (ss 6, 7) on 1.2.99: Government Gazette 24.12.98 p. 3204 |
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Current State: |
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995 |
Fair Trading (Inspectors Powers and Other Amendments) Act 1999, No. 17/1999
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Assent Date: |
18.5.99 |
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Commencement Date: |
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Current State: |
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995 |
Domestic Building Contracts (Amendment) Act 2000, No. 2/2000
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Assent Date: |
28.3.00 |
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Commencement Date: |
29.3.00: s. 2 |
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Current State: |
All of Act in operation |
Statute Law Revision Act 2000, No. 74/2000
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Assent Date: |
21.11.00 |
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Commencement Date: |
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Current State: |
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995 |
House Contracts Guarantee (HIH) Act 2001, No. 26/2001
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Assent Date: |
7.6.01 |
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Commencement Date: |
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Current State: |
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995 |
Building (Amendment) Act 2001, No. 68/2001
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Assent Date: |
7.11.01 |
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Commencement Date: |
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Current State: |
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995 |
Domestic Building Contracts (Conciliation and Dispute Resolution) Act 2002, No. 36/2002
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Assent Date: |
18.6.02 |
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Commencement Date: |
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Current State: |
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995 |
Fair Trading (Amendment) Act 2003, No. 30/2003
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Assent Date: |
27.5.03 |
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Commencement Date: |
S. 84 on 28.5.03: s. 2(1) |
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Current State: |
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995 |
Architects (Amendment) Act 2004, No. 35/2004
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Assent Date: |
8.6.04 |
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Commencement Date: |
S. 38 on 14.6.05: Government Gazette 5.5.05 p. 851 |
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Current State: |
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995 |
Domestic Building Contracts (Amendment) Act 2004, No. 37/2004
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Assent Date: |
8.6.04 |
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Commencement Date: |
1.5.96: s. 2 |
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Current State: |
All of Act in operation |
Fair Trading (Enhanced Compliance) Act 2004, No. 103/2004
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Assent Date: |
21.12.04 |
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Commencement Date: |
S. 81 on 22.12.04: s. 2(1) |
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Current State: |
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995 |
Public Administration Act 2004, No. 108/2004
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Assent Date: |
21.12.04 |
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Commencement Date: |
S. 117(1)(Sch. 3 item 58) on 5.4.05: Government Gazette 31.3.05 p. 602 |
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Current State: |
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995 |
Legal Profession (Consequential Amendments) Act 2005, No. 18/2005
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Assent Date: |
24.5.05 |
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Commencement Date: |
S. 18(Sch. 1 item 34) on 12.12.05: Government Gazette 1.12.05 p. 2781 |
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Current State: |
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995 |
House Contracts Guarantee (Amendment) Act 2005, No. 52/2005
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Assent Date: |
13.9.05 |
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Commencement Date: |
S. 30 on 1.2.06: Government Gazette 25.1.06 p. 108 |
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Current State: |
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995 |
Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006
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Assent Date: |
13.6.06 |
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Commencement Date: |
S. 94(Sch. item 10) on 1.7.06: Government Gazette 29.6.06 p. 1315 |
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Current State: |
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995 |
Owners Corporations Act 2006, No. 69/2006
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Assent Date: |
19.9.06 |
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Commencement Date: |
S. 221 on 31.12.07: s. 2(2) |
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Current State: |
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995 |
Fair Trading and Consumer Acts Amendment Act 2007, No. 17/2007
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Assent Date: |
29.5.07 |
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Commencement Date: |
S. 36(Sch. item 3) on 30.5.07: s. 2(1) |
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Current State: |
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995 |
Statute Law Revision Act 2007, No. 28/2007
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Assent Date: |
26.6.07 |
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Commencement Date: |
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Current State: |
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995 |
Fair Trading and Consumer Acts Further Amendment Act 2008, No. 2/2008
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Assent Date: |
11.2.08 |
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Commencement Date: |
S. 60(Sch. item 3) on 12.2.08: s. 2(1) |
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Current State: |
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995 |
Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009
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Assent Date: |
24.11.09 |
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Commencement Date: |
S. 97(Sch. item 46) on 1.1.10: Government Gazette 10.12.09 p. 3215 |
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Current State: |
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995 |
Fair Trading Amendment (Australian Consumer Law) Act 2010, No. 72/2010
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Assent Date: |
19.10.10 |
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Commencement Date: |
S. 48(Sch. item 7) on 1.1.11: Special Gazette (No. 502) 20.12.10 p. 1 |
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Current State: |
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995 |
Australian Consumer Law and Fair Trading Act 2012, No. 21/2012
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Assent Date: |
8.5.12 |
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Commencement Date: |
S. 239(Sch. 6 item 14) on 1.7.12: Special Gazette (No. 214) 28.6.12 p. 1 |
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Current State: |
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995 |
Building and Planning Legislation Amendment (Governance and Other Matters) Act 2013, No. 34/2013
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Assent Date: |
18.6.13 |
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Commencement Date: |
S. 35(Sch. 2 item 2) on 1.7.13: s. 2 |
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Current State: |
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995 |
Legal Profession Uniform Law Application Act 2014, No. 17/2014
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Assent Date: |
25.3.14 |
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Commencement Date: |
S. 160(Sch. 2 item 33) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 |
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Current State: |
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995 |
Consumer Affairs Legislation Amendment Act 2014, No. 50/2014
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Assent Date: |
12.8.14 |
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Commencement Date: |
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Current State: |
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995 |
Veterans and Other Acts Amendment Act 2015, No. 12/2015
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Assent Date: |
21.4.15 |
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Commencement Date: |
S. 21(Sch. 1 item 3) on 22.4.15: s. 2(1) |
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Current State: |
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995 |
Building Legislation Amendment (Consumer Protection) Act 2016, No. 15/2016
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Assent Date: |
19.4.16 |
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Commencement Date: |
Ss 4, 72 on 4.7.16: Special Gazette (No. 194) 21.6.16 p. 1; s. 5 on 1.9.16: Special Gazette (No. 261) 23.8.16 p. 1; ss 3, 6–12 on 26.4.17: Special Gazette (No. 94) 27.3.17 p. 1 |
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Current State: |
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995 |
House Contracts Guarantee Repeal Act 2016, No. 37/2016
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Assent Date: |
28.6.16 |
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Commencement Date: |
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Current State: |
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995 |
Building Amendment (Enforcement and Other Measures) Act 2017, No. 21/2017
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Assent Date: |
23.5.17 |
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Commencement Date: |
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Current State: |
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995 |
Building Amendment (Registration of Building Trades and Other Matters) Act 2018, No. 46/2018
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Assent Date: |
25.9.18 |
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Commencement Date: |
S. 77 on 26.9.18: s. 2(1) |
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Current State: |
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995 |
Justice Legislation Miscellaneous Amendment Act 2018, No. 48/2018
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Assent Date: |
25.9.18 |
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Commencement Date: |
Ss 43–52 on 28.10.18: Special Gazette (No. 480) 16.10.18 p. 1 |
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Current State: |
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995 |
Professional Engineers Registration Act 2019, No. 26/2019
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Assent Date: |
3.9.19 |
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Commencement Date: |
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Current State: |
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995 |
Consumer Legislation Amendment Act 2019, No. 47/2019
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Assent Date: |
3.12.19 |
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Commencement Date: |
Ss 6–31 on 18.12.19: Special Gazette (No. 537) 17.12.19 p. 1 |
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Current State: |
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995 |
Building Amendment (Registration and Other Matters) Act 2021, No. 40/2021
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Assent Date: |
19.10.21 |
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Commencement Date: |
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Current State: |
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995 |
Building Legislation Amendment Act 2023, No. 11/2023
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Assent Date: |
6.6.23 |
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Commencement Date: |
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Current State: |
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995 |
Justice Legislation Amendment Act 2023, No. 26/2023
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Assent Date: |
10.10.23 |
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Commencement Date: |
S. 75 on 11.10.23: s. 2(1) |
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Current State: |
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995 |
Building Legislation Amendment (Domestic Building Insurance New Offences) Act 2024, No. 4/2024
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Assent Date: |
27.2.24 |
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Commencement Date: |
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Current State: |
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995 |
Statute Law Revision Act 2024, No. 13/2024
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Assent Date: |
23.4.24 |
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Commencement Date: |
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Current State: |
This information relates only to the provision/s amending the Domestic Building Contracts Act 1995 |
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
3 Explanatory details
[1] S. 5: As a result of the definition of domestic building work in section 3, this Act does not apply to anything listed in this section that is also listed in section 6.
[2] S. 6(1)(e): Although such design work is not domestic building work for the purposes of this Act, as a result of paragraph (1)(c) of the definition of domestic building dispute in section 54, disputes concerning such design work may be dealt with by VCAT.
[3] Pt 2 Div. 1: A warranty is a term of a contract that enables a person to seek compensation from the person who does not comply with the warranty for any loss that results from the failure to comply with the warranty. (Please note that this is not intended as an exhaustive definition.)
[4] S. 8(c): Examples of laws that this provision applies to include the Building Regulations 2018 made under the Building Act 1993 which in turn incorporate most of the Building Code of Australia which in turn incorporates a number of Australian Standards.
[5] S. 9: Section 134 of the Building Act 1993 imposes a 10 year limit on the bringing of building actions. It will apply to actions brought under section 9. The 10 years begins to run from the date the occupancy permit is issued. If no occupancy permit is issued, the 10 years runs from the date the certificate of final inspection is issued.
[6] S. 15(1)(a): Section 33 imposes requirements on provisions such as those referred to in this paragraph if the provisions are in major domestic building contracts.
[8] S. 21(3)(b): The failure of a builder to comply with this section gives the building owner a right to apply to VCAT under section 53(2)(c) for a reduction in the amount asked for a prime cost item or provisional sum.
[9] S. 30(4)(a): Examples of relevant standards include AS 1726—1993 (superseded by AS 1726: 2017) and AS 2870—1996 (superseded by AS 2870: 2011).
[10] S. 31(1)(i): Section 32 imposes requirements on how these estimates are to be made.
[11] S. 35(3): Section 122 requires the Director to publish on an Internet site the form of any such notice.