Domestic Building Contracts (Amendment) Act 2004
Victorian Legislation and Parliamentary Documents
i
Domestic Building Contracts (Amendment) Act
2004
Act No. 37/2004
TABLE OF PROVISIONS
Section Page
1. Purpose 1
2. Commencement 1
3. Off the Plan contracts of sale 2
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ENDNOTES 3
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Victorian Legislation and Parliamentary Documents
1
Domestic Building Contracts
(Amendment) Act 2004†
[Assented to 8 June 2004]
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the Domestic
Building Contracts Act 1995 in relation to Off
the Plan contracts of sale.
2. Commencement
This Act is deemed to have come into operation
on 1 May 1996.
Victoria
No. 37 of 2004
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Victorian Legislation and Parliamentary Documents
Act No. 37/2004
Domestic Building Contracts (Amendment) Act 2004
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3. Off the Plan contracts of sale
After section 3(3) of the Domestic Building
Contracts Act 1995 insert—
"(4) A contract for the sale of land on which a
home is being constructed or is to be
constructed that provides or contemplates
that the construction of the home will be
completed before the completion of the
contract is not, and is not to be taken to form
part of, a domestic building contract within
the meaning of this Act if—
(a) the home is being constructed under a
separate contract that is a major
domestic building contract; or
(b) the contract of sale provides that the
home is to be constructed under a
separate contract that is a major
domestic building contract.
(5) Sub-section (4) does not apply to a contract
for the sale of land that is the subject of
proceedings commenced in a court or
tribunal before 16 March 2004 but not
completed before that date in which it was
alleged, before that date, that the contract
was, or formed part of, a domestic building
contract.".
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s. 3
See:
Act No.
91/1995.
Reprint No. 5
as at
1 July 2002
and
amending
Act No.
30/2003.
LawToday:
www.dms.
dpc.vic.
gov.au
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Victorian Legislation and Parliamentary Documents
Act No. 37/2004
Domestic Building Contracts (Amendment) Act 2004
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ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 12 May 2004
Legislative Council: 2 June 2004
The long title for the Bill for this Act was "to amend the Domestic
Building Contracts Act 1995 in relation to Off the Plan contracts of
sale."
Endnotes
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