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HOME BUILDING CONTRACTS ACT 1991
TABLE OF PROVISIONS
Long Title
PART 1 -- Preliminary
1. Short title
2. Commencement
3. Terms used
PART 2 -- Home building work contracts
4. Contracts to be in writing; prescribed explanatory notice to be given
5. Owner to be given copy of contract
6. Receipt of documents by owner, proof of
7. Variation of contract to be in writing and given to owner
8. Exceptions to s. 7 and related provisions
9. Building permit etc., implied conditions and terms as to
10. Deposits and progress payments, limits on terms as to
11. Defects, implied condition as to liability for
12. Understatement of prime cost items etc. by builder, offence
13. Rise-and-fall clause prohibited
14. Cost plus contracts, requirements as to
15. Unconscionable etc. conduct by builder as to contract etc.
15A. Misleading or deceptive conduct by builder or owner as to contract
PART 3 -- Remedies
17. Breach of contract or Part 2, or entitlement to compensation, procedure in case of
19. How contract terminated
20. Adjustment of rights in certain cases
PART 3A -- Home indemnity insurance and corresponding cover
Division 1 -- Introduction
25A. Terms used
Division 2 -- Builders
25B. Application of this Division
25C. Builder doing residential building work without insurance or corresponding cover, offence
25D. Insurance policy for this Division, terms of
25DA. Corresponding cover by an approved fund for builders
Division 3 -- Owner-builders
25E. Application of this Division
25F. Sale by owner-builder, restrictions on
25FA. Sale by certain owner-builders, further restrictions on
25G. Insurance policy for this Division, terms of
25GA. Corresponding cover by an approved fund for owner-builders
Division 3A -- Approved funds
25GB. Approval of fund by Minister
25GC. Certain changes to approved fund require Minister’s consent
25GD. Approval of fund, revoking
Division 4 -- Review
25H. Review of this Part by Minister
Division 5 -- Provisions about non-application of sections 25C(1) and (2) and 25F(1)
25I. Periods for s. 25C(3) and 25F(2), Minister may specify
25J. Contracts with builders, builders to give prescribed notice to other party
25K. Sale contract with owner-builder, owner-builder to give prescribed notice to other party
25L. Subsequent purchaser to be given notice given under s. 25J in some cases
PART 4 -- General
26. Inspection by owner etc. of building work, prevention of etc.
27. Breach of Act, effect of on contract
28. Contracting out prohibited
29. Other laws not affected
30. Liability of officers for offence by body corporate
31. Prosecutions
31B. Infringement notices
32. Regulations
33. Retrospectivity of Act
34. Review of Act
SCHEDULE 1 -- Consequences of non-fulfilment of conditions
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