Domestic Building Contracts and Tribunal (General) (Amendment) Regulations 1996

i Domestic Building Contracts and Tribunal (General) (Amendment) Regulations 1996 S.R. No. 115/1996 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provisions 1 3. Principal Regulations 2 4. Objectives amended 2 5. Regulation 3 substituted 2 3. Definitions 2 6. Regulation 4 amended 2 7. New regulations 7 and 8 inserted 5 7. Certain contracts exempt from provisions of Act 5 8. Certain persons not required to make allowance for delays in time estimates 5 8. New regulation 9 inserted 5 9. Exemption for certain contracts relating to multi-storey residential developments 5 ═══════════════ NOTES 7 -- 1 of 8 -- 1 STATUTORY RULES 1996 S.R. No. 115/1996 Domestic Building Contracts and Tribunal Act 1995 Domestic Building Contracts and Tribunal (General) (Amendment) Regulations 1996 The Governor in Council makes the following Regulations: Dated: 29 October 1996 Responsible Minister: JAN WADE Minister for Fair Trading A. WILTSHIRE Acting Clerk of the Executive Council 1. Objectives The objective of these Regulations is to amend the Domestic Building Contracts and Tribunal (General) Regulations 1996 to— (a) further prescribe certain work as building work to which the Domestic Building Contracts and Tribunal Act 1995 does not apply; and (b) exempt certain persons and contracts from various provisions of that Act. 2. Authorising provisions These Regulations are made under sections 6 and 135 of the Domestic Building Contracts and Tribunal Act 1995. -- 2 of 8 -- S.R. No. 115/1996 Domestic Building Contracts and Tribunal (General) (Amendment) Regulations 1996 2 3. Principal Regulations In these Regulations, the Domestic Building Contracts and Tribunal (General) Regulations 19961 are called the Principal Regulations. 4. Objectives amended In regulation 1 of the Principal Regulations— (a) in paragraph (b) after "the Act;" omit "and"; (b) after paragraph (c) insert— "(d) to exempt certain persons and contracts from various provisions of the Act.". 5. Regulation 3 substituted For regulation 3 of the Principal Regulations, substitute— "3. Definitions In these Regulations— "Act" means Domestic Building Contracts and Tribunal Act 1995; "public construction" has the same meaning as in section 3(1) of the Project Development and Construction Management Act 1994.". 6. Regulation 4 amended (1) In regulation 4 of the Principal Regulations— (a) for "For" substitute "(1) For"; (b) after paragraph (j) insert— "(k) erecting a chain wire fence to enclose a tennis court; (l) erecting a mast, pole, antenna, aerial or similar structure.". r. 3 -- 3 of 8 -- S.R. No. 115/1996 Domestic Building Contracts and Tribunal (General) (Amendment) Regulations 1996 3 (2) At the end of regulation 4 of the Principal Regulations insert— "(2) For the purposes of section 6(a) of the Act, the Act does not apply to building work carried out in relation to any of the following— (a) the official residence of the Governor of Victoria; (b) premises that are used or intended to be used at a school, university or other educational or training institution as accommodation for students or staff; (c) premises that are used or intended to be used as— (i) a community service established under section 57 of the Children and Young Persons Act 1989; (ii) a community service approved under section 58 of that Act and that are situated on Crown land or land in relation to which the Secretary to the Department of Human Services or the Director of Housing is registered as proprietor; (iii) a remand centre within the meaning of that Act; (iv) a secure welfare service within the meaning of that Act; (v) a youth residential centre within the meaning of that Act; or (vi) a youth training centre within the meaning of that Act; r. 6 -- 4 of 8 -- S.R. No. 115/1996 Domestic Building Contracts and Tribunal (General) (Amendment) Regulations 1996 4 (d) premises that are used or intended to be used as— (i) a prison established under section 10 of the Corrections Act 1986; or (ii) a community corrections centre established under Part 9 of that Act; (e) premises that are used or intended to be used as— (i) a health service establishment within the meaning of the Health Services Act 1988; or (ii) a hostel within the meaning of that Act; (f) premises that are used or intended to be used as— (i) a residential institution within the meaning of the Intellectually Disabled Persons’ Services Act 1986; or (ii) a residential program within the meaning of that Act; (g) premises that are used or intended to be used to provide accommodation within the Parliamentary Reserve within the meaning of section 46(2) of the Parliamentary Committees Act 1968; (h) movable units within the meaning of the Housing Act 1983 that are constructed for Kids Under Cover Inc. that are used or intended to be used to provide accommodation on a non-profit basis. r. 6 -- 5 of 8 -- S.R. No. 115/1996 Domestic Building Contracts and Tribunal (General) (Amendment) Regulations 1996 5 7. New regulations 7 and 8 inserted After regulation 6 of the Principal Regulations insert— "7. Certain contracts exempt from provisions of Act (1) Section 15 of the Act does not apply to a domestic building contract for public construction. (2) Sections 31(1)(b), (c), (d), (i) and (n), 31(2), 33, 34 and 35 of the Act do not apply to a major domestic building contract for public construction. 8. Certain persons not required to make allowance for delays in time estimates Section 32 of the Act does not apply to a person performing work under a major domestic building contract for public construction.". 8. New regulation 9 inserted After regulation 8 of the Principal Regulations insert— "9. Exemption for certain contracts relating to multi-storey residential developments (1) The provisions of the Act set out in sub- regulation (2) do not apply— (a) to a major domestic building contract; or (b) a builder in relation to a major domestic building contract or a proposed major domestic building contract— if the contract or proposed contract is also a contract for the sale of a home that is part of r. 7 -- 6 of 8 -- S.R. No. 115/1996 Domestic Building Contracts and Tribunal (General) (Amendment) Regulations 1996 6 a multi-storey residential development to which this regulation relates. (2) The provisions of the Act referred to in sub- regulation (1) are— (a) Part 2, except Division 1; and (b) Part 3, except section 29. (3) This regulation applies to a multi-storey residential development that is being constructed, or is to be constructed, by a builder registered under the Building Act 1993 under a construction contract entered into before 1 May 1996 which provides for the completion of the development. (4) In this regulation— "multi-storey residential development" means a development consisting of 2 or more homes in which one or more of the homes is above or below any other home in the development.". ═══════════════ r. 8 -- 7 of 8 -- S.R. No. 115/1996 Domestic Building Contracts and Tribunal (General) (Amendment) Regulations 1996 7 NOTES 1 S.R. No. 32/1996. Notes -- 8 of 8 --