Domestic Building Contracts and Tribunal (General) (Amendment) Regulations 1999

i Domestic Building Contracts and Tribunal (General) (Amendment) Regulations 1999 S.R. No. 126/1999 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provisions 1 3. Additional type of cost plus contract allowed 1 ═══════════════ NOTES 4 -- 1 of 5 -- 1 STATUTORY RULES 1999 S.R. No. 126/1999 Domestic Building Contracts Act 1995 Domestic Building Contracts and Tribunal (General) (Amendment) Regulations 1999 The Governor in Council makes the following Regulations: Dated: 30 November 1999 Responsible Minister: MARSHA THOMSON Minister for Consumer Affairs HELEN DOYE Clerk of the Executive Council 1. Objective The objective of these Regulations is to amend the Domestic Building Contracts and Tribunal (General) Regulations 1996 to widen the category of allowable cost plus contracts. 2. Authorising provisions These Regulations are made under sections 13(1)(a) and 135 of the Domestic Building Contracts Act 1995. 3. Additional type of cost plus contract allowed After regulation 5(b) of the Domestic Building Contracts and Tribunal (General) Regulations 19961 insert— -- 2 of 5 -- S.R. No. 126/1999 Domestic Building Contracts and Tribunal (General) (Amendment) Regulations 1999 2 "; and (c) domestic building contracts described in sub-regulation (2). (2) A domestic building contract that meets the following criteria is also allowed as a cost plus contract— (a) it is entered into on or after 30 November 1999 and before 1 July 2000; and (b) some or all of the domestic building work to be carried out under it might be carried out on or after 1 July 2000; and (c) it contains— (i) a clause in the form approved by the Director under section 15(2)(b) of the Act and published in the Government Gazette on 8 November 1999 that has next to it the signature, seal or initials of the building owner, and, before the contract was entered into, the builder gave the building owner a notice in the form approved by the Director under section 15(3)(a) of the Act and published in the Government Gazette on 8 November 1999; or (ii) a provision enabling the builder to be paid any goods and services tax imposed by any law of the Commonwealth in respect of any domestic building work carried out under the contract on or after 1 July 2000 that is payable by the builder to the Commonwealth, and r. 3 -- 3 of 5 -- S.R. No. 126/1999 Domestic Building Contracts and Tribunal (General) (Amendment) Regulations 1999 3 a warning in the form approved by the Director under section 33(2)(b) of the Act and published in the Government Gazette on 8 November 1999 is placed next to the contract price and specifies the provisions of the contract that allow for the change; or (iii) both the things described in sub- paragraph (i) and the things described in sub-paragraph (ii) and before the contract was entered into, the builder gave the building owner a notice approved by the Director under section 15(3)(a) of the Act and published in the Government Gazette on 8 November 1999; and (d) it does not contain any other provision that makes it a cost plus contract.". ═══════════════ r. 3 -- 4 of 5 -- S.R. No. 126/1999 Domestic Building Contracts and Tribunal (General) (Amendment) Regulations 1999 4 NOTES 1 Reg. 3: S.R. No. 32/1996. Notes -- 5 of 5 --