(3) If a provision referred to in subsection (2) does not come into operation on or before 1 January 1997, it comes into operation on that day. 3 Definitions s. 3 (1) In this Act— architect means a person who is registered as an architect under the Architects Act 1991; builder means a person who, or a partnership which— (a) carries out domestic building work; or (b) manages or arranges the carrying out of domestic building work; or (c) intends to carry out, or to manage or arrange the carrying out of, domestic building work; building includes any structure, temporary building or temporary structure and also includes any part of a building or structure; building owner means the person for whom domestic building work is being, or is about to be, carried out; building site means a place where domestic building work has been, is being, or is about to be, carried out; business day means a day that is not— (a) a Saturday or a Sunday; or (b) a day that is wholly or partly observed as a public holiday throughout ; S. 3(1) def. of Commission amended by No. 68/2001 s. 17. Commission means the Building Commission established under the Building Act 1993;
defective, in relation to domestic building work, includes— (a) a breach of any warranty listed in section 8; (b) a failure to maintain a standard or quality of building work specified in the contract; determination means the orders and findings the Tribunal makes to conclude a proceeding; S. 3(1) def. of Director substituted by No. 17/1999 s. 30(1). Director means the Director within the meaning of the Fair Trading Act 1999; domestic building contract means a contract to carry out, or to arrange or manage the carrying out of, domestic building work other than a contract between a builder and a sub-contractor; domestic building dispute has the meaning set out in section 54; s. 3 domestic building work means any work referred to in section 5 that is not excluded from the operation of this Act by section 6; S. 3(1) def. of home amended by Nos 109/1997 s. 533(Sch. 2 item 2.1), 74/2000 s. 3(Sch. 1 item 37.1). home means any residential premises and includes any part of a commercial or industrial premises that is used as a residential premises but does not include— (a) a caravan within the meaning of the Residential Tenancies Act 1997 or any vehicle used as a residence; or (b) any residence that is not intended for permanent habitation; or
(a) refer a dispute to a mediator appointed by the Tribunal; (b) order the payment of a sum of money— (i) found to be owing by one party to another party; (ii) by way of damages (including exemplary damages and damages in the nature of interest); (iii) by way of restitution; S. 53(2)(ba) inserted by No. 101/1998 s. 6. (ba) order the payment of a sum of money representing a part payment under a major domestic building contract if— (i) the requirement in paragraph (b) of section 42 has been met but the requirement in paragraph (a) of that section has not; and (ii) the Tribunal is satisfied that the work required to complete the contract (including rectifying any defects) is minor in nature and not such as would prevent the owner from occupation and quiet enjoyment of the building; S. 53(2)(bb) inserted by No. 101/1998 s. 6. (bb) order payment of a sum of money representing the amount of any money in dispute (including an amount on account of costs) to be paid into the Domestic Builders Fund pending the resolution of the dispute; S. 53(2)(bc) inserted by No. 101/1998 s. 6. (bc) order payment of a sum of money to be paid out of the Domestic Builders Fund representing the amount of any sum paid into the Domestic Builders Fund in accordance with an order under paragraph (bb); (c) vary any term of a domestic building contract (including the completion date, the
Pt 5 Divs. 5, 6 (Headings and ss 87–106) repealed by No. 52/1998 s. 40(f). * * * * * s. 69 Pt 5 Div. 7 (Heading and ss 107–110) amended by No. 2/1996 s. 4(1)(2), repealed by No. 52/1998 s. 40(f). * * * * * Pt 5 Div. 8 (Heading and ss 111, 112) repealed by No. 52/1998 s. 40(f). * * * * * Pt 5 Div. 9 (Heading and ss 113–121) amended by No. 46/1998 s. 7(Sch. 1), repealed by No. 52/1998 s. 40(f). * * * * * _______________ 122 Publication of directions s. 122 The Director must publish in the Government Gazette— (a) any details which the Director requires under this Act to be provided in a domestic building contract; and (b) the approved form of any document or provision which is required under this Act to be in a form approved by the Director.
Assent Date: 18.5.99 Commencement Date: Ss 30, 31 on 1.9.99: Government Gazette 19.8.99 p. 1901 : This information relates only to the provision/s amending the Contracts Act 1995 Contracts (Amendment) Act 2000, No. 2/2000 Endnotes Assent Date: 28.3.00 Commencement Date: 29.3.00: s. 2 : All of Act in operation Statute Law Revision Act 2000, No. 74/2000 Assent Date: 21.11.00 Commencement Date: S. 3(Sch. 1 item 37) on 22.11.00: s. 2(1) : This information relates only to the provision/s amending the Contracts Act 1995 House Contracts Guarantee (HIH) Act 2001, No. 26/2001 Assent Date: 7.6.01 Commencement Date: S. 16 on 8.6.01: s. 2(1) : This information relates only to the provision/s amending the Contracts Act 1995 Building (Amendment) Act 2001, No. 68/2001 Assent Date: 7.11.01 Commencement Date: S. 17 on 1.7.02: s. 2(5) : This information relates only to the provision/s amending the Contracts Act 1995 Contracts (Conciliation and Dispute Resolution) Act 2002, No. 36/2002 Assent Date: 18.6.02 Commencement Date: Ss 3–8 on 1.7.02: s. 2(2) : This information relates only to the provision/s amending the Contracts Act 1995 Fair Trading (Amendment) Act 2003, No. 30/2003 Endnotes Assent Date: 27.5.03 Commencement Date: S. 84 on 28.5.03: s. 2(1) : This information relates only to the provision/s amending the Contracts Act 1995 Architects (Amendment) Act 2004, No. 35/2004 Assent Date: 8.6.04 Commencement Date: S. 38 on 14.6.05: Government Gazette 5.5.05 p. 851 : This information relates only to the provision/s amending the Contracts Act 1995 Contracts (Amendment) Act 2004, No. 37/2004
Assent Date: 29.5.07 Commencement Date: S. 36(Sch. item 3) on 30.5.07: s. 2(1) : This information relates only to the provision/s amending the Contracts Act 1995 Statute Law Revision Act 2007, No. 28/2007 Assent Date: 26.6.07 Commencement Date: S. 3(Sch. item 17) on 27.6.07: s. 2(1) : This information relates only to the provision/s amending the Contracts Act 1995 Fair Trading and Consumer Acts Further Amendment Act 2008, No. 2/2008 Assent Date: 11.2.08 Commencement Date: S. 60(Sch. item 3) on 12.2.08: s. 2(1) : This information relates only to the provision/s amending the Contracts Act 1995 Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009 Assent Date: 24.11.09 Commencement Date: S. 97(Sch. item 46) on 1.1.10: Government Gazette 10.12.09 p. 3215 : This information relates only to the provision/s amending the Contracts Act 1995 Fair Trading Amendment (Australian Consumer Law) Act 2010, No. 72/2010 Assent Date: 19.10.10 Commencement Date: S. 48(Sch. item 7) on 1.1.11: Special Gazette (No. 502) 20.12.10 p. 1 Current State: This information relates only to the provision/s amending the Contracts Act 1995 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes