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House Contracts Guarantee Repeal Act 2016

Legislation · Victoria · 2020
Authorised by the Chief Parliamentary Counsel Authorised Version i House Contracts Guarantee Repeal Act 2016 No. 37 of 2016 TABLE OF PROVISIONS Section Page Part 1—Preliminary 1 1 Purpose 1 2 Commencement 1 Part 2—Repeal of House Contracts Guarantee Act 1987 2 3 Repeal of House Contracts Guarantee Act 1987 2 4 Amendment of Domestic Building Contracts Act 1995 2 5 Amendment of Victorian Civil and Administrative Tribunal Act 1998 2 6 Amendment of Victorian Managed Insurance Authority Act 1996 3 7 Amendment of Building Act 1993 3 8 New Schedule 9 inserted into Building Act 1993 3 Part 3—Repeal of amending Act 4 9 Repeal of amending Act 4 ═══════════════ Endnotes 5 1 General information 5 -- 1 of 6 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 House Contracts Guarantee Repeal Act 2016† No. 37 of 2016 [Assented to 28 June 2016] The Parliament of Victoria enacts: Part 1—Preliminary 1 Purpose The purpose of this Act is to repeal the House Contracts Guarantee Act 1987. 2 Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. Victoria -- 2 of 6 -- Part 2—Repeal of House Contracts Guarantee Act 1987 House Contracts Guarantee Repeal Act 2016 No. 37 of 2016 2 Authorised by the Chief Parliamentary Counsel Part 2—Repeal of House Contracts Guarantee Act 1987 3 Repeal of House Contracts Guarantee Act 1987 The House Contracts Guarantee Act 1987 is repealed. 4 Amendment of Domestic Building Contracts Act 1995 (1) In section 1 of the Domestic Building Contracts Act 1995— (a) in paragraph (c) for "work; and" substitute "work."; (b) paragraph (d) is repealed. (2) In section 3(1) of the Domestic Building Contracts Act 1995, in the definition of insurer— (a) in paragraph (aa) for "architect); and" substitute "architect);"; (b) paragraph (b) is repealed. (3) In section 60(1) of the Domestic Building Contracts Act 1995 omit "or from a guarantee under the House Contracts Guarantee Act 1987 or from an indemnity under Part 6 of the House Contracts Guarantee Act 1987". (4) In section 61(1) of the Domestic Building Contracts Act 1995 omit "or from a guarantee under the House Contracts Guarantee Act 1987 or from an indemnity under Part 6 of the House Contracts Guarantee Act 1987". 5 Amendment of Victorian Civil and Administrative Tribunal Act 1998 Part 11 of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 is repealed. -- 3 of 6 -- Part 2—Repeal of House Contracts Guarantee Act 1987 House Contracts Guarantee Repeal Act 2016 No. 37 of 2016 3 Authorised by the Chief Parliamentary Counsel 6 Amendment of Victorian Managed Insurance Authority Act 1996 Sections 6(ea) and 8(4A) of the Victorian Managed Insurance Authority Act 1996 are repealed. 7 Amendment of Building Act 1993 After section 272 of the Building Act 1993 insert— "272A Schedule 9 Schedule 9 has effect.". 8 New Schedule 9 inserted into Building Act 1993 Insert the following Schedule at the end of the Building Act 1993— "Schedule 9—House Contracts Guarantee Act 1987 1 Payments from Consolidated Fund Despite the repeal of the House Contracts Guarantee Act 1987 by the House Contracts Guarantee Repeal Act 2016— (a) any amount payable after that repeal to a claimant under a claim made under the House Contracts Guarantee Act 1987 before that repeal is payable from the Consolidated Fund, which is to the necessary extent appropriated accordingly; and (b) any amount that, but for that repeal, would be payable under section 46(2)(c) of the House Contracts Guarantee Act 1987 into the Domestic Building (HIH) Indemnity Fund is payable into the Consolidated Fund.". -- 4 of 6 -- Part 3—Repeal of amending Act House Contracts Guarantee Repeal Act 2016 No. 37 of 2016 4 Authorised by the Chief Parliamentary Counsel Part 3—Repeal of amending Act 9 Repeal of amending Act This Act is repealed on the first anniversary of the day on which it has come into operation. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ -- 5 of 6 -- Endnotes House Contracts Guarantee Repeal Act 2016 No. 37 of 2016 5 Authorised by the Chief Parliamentary Counsel Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. † Minister's second reading speech— Legislative Assembly: 9 March 2016 Legislative Council: 5 May 2016 The long title for the Bill for this Act was "A Bill for an Act to repeal the House Contracts Guarantee Act 1987 and for other purposes." -- 6 of 6 --