House Contracts Guarantee (HIH) Act 2001

i House Contracts Guarantee (HIH) Act 2001 Act No. 26/2001 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purposes 1 2. Commencement 3 PART 2—AMENDMENT OF HOUSE CONTRACTS GUARANTEE ACT 1987 4 3. Amendment of purposes 4 4. Application of Act 4 5. Amendment of constitution of HGFL 4 6. Deferral of winding up of HGFL 5 7. Repeal of sections 35 to 38 6 8. New Part 6 inserted 6 PART 6—DOMESTIC BUILDING (HIH) INDEMNITY SCHEME 6 Division 1—Introductory 6 35. Interpretation 6 36. This Part only applies in respect of work carried out or to be carried out in Victoria 8 Division 2—Indemnity 8 37. Indemnity 8 38. What is not covered by the indemnity? 8 39. What are the functions and powers of HGFL in relation to the indemnity scheme? 10 40. Who can make a claim under the scheme? 10 41. Procedure for claims 11 42. When is a claim paid? 12 43. Assignment of rights 12 44. HGFL may require builder to make payments or rectify work 12 45. Other rights not affected 13 Division 3—Domestic Building (HIH) Indemnity Fund 14 -- 1 of 28 -- Section Page ii 46. Domestic Building (HIH) Indemnity Fund 14 47. Payments to Consolidated Fund 15 48. How can the Fund be invested? 15 49. What happens to the Fund on the winding up of HGFL? 16 50. HGFL to report to Minister 16 51. Auditor-General to audit accounts of Fund 16 52. Annual report 17 Division 4—General 17 53. Can HGFL enter into arrangements and agreements with liquidator of HIH? 17 54. Effect of Corporations Law 17 55. Offence to make false statements 18 56. Regulation-making powers 18 PART 3—AMENDMENT OF BUILDING ACT 1993 19 9. Required insurance 19 10. Deferral of suspension 19 11. Failure to comply with insurer's direction 20 12. Domestic building (HIH) indemnity account 20 13. Additional building permit levy for domestic building work 21 14. Repeal of additional levy 22 15. New clause 28 inserted in Schedule 4 22 PART 4—AMENDMENT OF DOMESTIC BUILDING CONTRACTS ACT 1995 24 16. Amendment of Domestic Building Contracts Act 1995 24 PART 5—AMENDMENT OF SALE OF LAND ACT 1962 25 17. Amendment of section 32 of the Sale of Land Act 1962 25 ═══════════════ ENDNOTES 26 -- 2 of 28 -- 1 House Contracts Guarantee (HIH) Act 2001† [Assented to 7 June 2001] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purposes The main purposes of this Act are— (a) to amend the House Contracts Guarantee Act 1987— (i) to establish an indemnity scheme in respect of losses arising in respect of certain classes of domestic building Victoria No. 26 of 2001 -- 3 of 28 -- Act No. 26/2001 House Contracts Guarantee (HIH) Act 2001 2 work affected by the collapse of the HIH Insurance Group; and (ii) to give additional functions to Housing Guarantee Fund Limited to administer the scheme on behalf of the State; and (iii) to establish a Domestic Building (HIH) Indemnity Fund for the purposes of the scheme; and (iv) to allow for the making of claims under the scheme; and (b) to amend the Building Act 1993— (i) in relation to the provision by owner- builders of information relating to required insurance; and (ii) to provide for an additional building permit levy in respect of domestic building work; and (iii) to extend the powers of Housing Guarantee Fund Limited to recommend the taking of disciplinary action against domestic builders; and (iv) to limit for a time the operation of the provisions relating to the mandatory suspension of registration of building practitioners; and (c) to amend the Domestic Building Contracts Act 1995 to provide for rights of action by or against Housing Guarantee Fund Limited under that Act in relation to the operation of the indemnity scheme; and (d) to amend section 32 of the Sale of Land Act 1962 in relation to the provision of information relating to required insurance under the Building Act 1993. s. 1 -- 4 of 28 -- Act No. 26/2001 House Contracts Guarantee (HIH) Act 2001 3 2. Commencement (1) This Act (except sections 14 and 15) comes into operation on the day after the day on which it receives the Royal Assent. (2) Sections 14 and 15 come into operation on a day to be proclaimed. (3) If sections 14 and 15 do not come into operation before 30 June 2010, they come into operation on that day. _______________ s. 2 -- 5 of 28 -- Act No. 26/2001 House Contracts Guarantee (HIH) Act 2001 4 PART 2—AMENDMENT OF HOUSE CONTRACTS GUARANTEE ACT 1987 3. Amendment of purposes After section 1(c) of the House Contracts Guarantee Act 1987 insert— "and (d) to establish an indemnity scheme in respect of losses arising in respect of certain classes of domestic building work affected by the collapse of the HIH Insurance Group.". 4. Application of Act In sections 4(1) and 4(2) of the House Contracts Guarantee Act 1987, after "This Act" insert "(except sections 22 and 22A and Part 6)". 5. Amendment of constitution of HGFL (1) After section 22(1A) of the House Contracts Guarantee Act 1987 insert— '(1B) The constitution of Housing Guarantee Fund Limited is deemed to include the following clauses— "E. To carry out any functions and exercise any powers conferred on Housing Guarantee Fund Limited under Part 6 of the House Contracts Guarantee Act 1987 and under the Building Act 1993 and the Domestic Building Contracts Act 1995. F. Clause E inserted in this constitution by section 5 of the House Contracts Guarantee (HIH) Act 2001 applies despite anything to the contrary in the constitution existing immediately s. 3 See: Act No. 44/1987. Reprint No. 3 as at 4 March 1999 LawToday: www.dms. dpc.vic. gov.au -- 6 of 28 -- Act No. 26/2001 House Contracts Guarantee (HIH) Act 2001 5 before the commencement of that section.".'. (2) After section 22(6) of the House Contracts Guarantee Act 1987 insert— "(7) Sub-sections (1A) and (1B) have effect despite any provision of the Corporations (Victoria) Act 1990 or of the applicable provisions (as defined in that Act) of the State.". 6. Deferral of winding up of HGFL (1) In section 22A(1) of the House Contracts Guarantee Act 1987, for paragraph (b) substitute— "(b) carrying out the functions conferred on Housing Guarantee Fund Limited under Part 6; and (c) winding up Housing Guarantee Fund Limited as soon as practicable after— (i) completion of all claims after the expiration of all guarantees given under this Act; and (ii) completion of all claims after the expiration of all indemnities given under the indemnity scheme under Part 6 of this Act.". (2) After section 22A(9) of the House Contracts Guarantee Act 1987 insert— "(9A) The approved guarantor's Funds do not, for any purpose, include the Domestic Building (HIH) Indemnity Fund established under Part 6.". s. 6 -- 7 of 28 -- Act No. 26/2001 House Contracts Guarantee (HIH) Act 2001 6 7. Repeal of sections 35 to 38 Sections 35, 36, 37 and 38 of the House Contracts Guarantee Act 1987 are repealed. 8. New Part 6 inserted After Part 5 of the House Contracts Guarantee Act 1987 insert— 'PART 6—DOMESTIC BUILDING (HIH) INDEMNITY SCHEME Division 1—Introductory 35. Interpretation In this Part— "builder" has the same meaning as it has in the Domestic Building Contracts Act 1995; "domestic building work" has the same meaning as it has in the Domestic Building Contracts Act 1995; "HGFL" means Housing Guarantee Fund Limited; "HIH" means— (a) HIH Casualty and General Insurance Ltd. A.C.N. 008 482 291; or (b) FAI General Insurance Company Ltd. A.C.N. 000 327 855; "HIH policy" means a contract of insurance— (a) which was underwritten by HIH (otherwise than as reinsurer) before the relevant date; and s. 7 -- 8 of 28 -- Act No. 26/2001 House Contracts Guarantee (HIH) Act 2001 7 (b) which at the time it was underwritten by HIH was— (i) insurance required by order under section 135(1)(a) and (c) of the Building Act 1993 in relation to the carrying out of domestic building work or managing or arranging the carrying out of domestic building work; or (ii) insurance required by order under section 135(1)(b) and (c) of the Building Act 1993; and (c) which relates to building work for which a building permit was issued under the Building Act 1993 before the relevant date; "liquidator" includes provisional liquidator; "loss" includes damage and costs; "owner-builder" in relation to a building, means— (a) a person to whom section 137B(2) of the Building Act 1993 applies; or (b) a mortgagee in possession of the building from that person; or (c) an executor or administrator of the estate of that person; "relevant date" means 30 April 2001. s. 8 -- 9 of 28 -- Act No. 26/2001 House Contracts Guarantee (HIH) Act 2001 8 36. This Part only applies in respect of work carried out or to be carried out in Victoria Nothing in this Part applies in relation to any building work carried out or to be carried out outside Victoria or to any loss arising in relation to that work. Division 2—Indemnity 37. Indemnity Subject to this Part, the State must indemnify any person who is entitled to an indemnity under a HIH policy to the extent of the indemnity under that policy. 38. What is not covered by the indemnity? (1) An indemnity under section 37 does not apply— (a) to the builder or owner-builder covered by the HIH policy; or (b) to any loss if an indemnity is provided in relation to the loss by another contract of insurance which is— (i) insurance required by order under section 135(1)(a) and (c) of the Building Act 1993 in relation to the carrying out of domestic building work or managing or arranging the carrying out of domestic building work; or (ii) insurance required by order under section 135(1)(b) and (c) of the Building Act 1993; or s. 8 -- 10 of 28 -- Act No. 26/2001 House Contracts Guarantee (HIH) Act 2001 9 (c) to any loss if a claim has been made under the HIH policy in respect of the loss and payment in full has been received by the claimant; or (d) to any loss if— (i) a claim for the loss was determined by the Tribunal or a court before the relevant date not to be a valid claim under the HIH policy; and (ii) the claimant is not entitled to bring any further proceedings on or after the relevant date to appeal against or seek a review of that determination; or (e) to any loss if the building work to which the indemnity under the HIH policy applied commenced on site on or after 31 May 2001. (2) If a claim has been made under a HIH policy in respect of a loss and settlement has been reached or a determination has been made by the Tribunal or a court in respect of the claim— (a) the amount of the loss for which an indemnity is provided under section 37 in respect of the loss is the amount so agreed in the settlement or determined by the Tribunal or the court; and (b) the amount of the loss for which an indemnity is provided under section 37 in respect of the loss is reduced by any amount paid by HIH or a liquidator of HIH to the claimant in respect of the claim on the HIH policy. s. 8 -- 11 of 28 -- Act No. 26/2001 House Contracts Guarantee (HIH) Act 2001 10 39. What are the functions and powers of HGFL in relation to the indemnity scheme? (1) HGFL is responsible for the administration of— (a) the indemnity scheme established under this Part; and (b) the Domestic Building (HIH) Indemnity Fund. (2) HGFL has any other functions conferred on it under this Part. (3) Without limiting its other powers, HGFL has any powers necessary to carry out its functions under this Part. (4) HGFL acts on behalf of the State in carrying out its functions and exercising its powers under or for the purposes of this Part. (5) No claim under this Part can be made on the assets of HGFL and the assets of HGFL are not available for the payment of any amount of claim, costs or expenses under this Part. 40. Who can make a claim under the scheme? (1) A person who has incurred a loss which is covered by an indemnity under section 37 may make a claim against the Domestic Building (HIH) Indemnity Fund in respect of that loss. (2) A claim must be lodged with HGFL in accordance with the procedures approved by the Minister under section 41. (3) A claim may be made under this section in respect of a loss whether or not a claim in respect of that loss has been made against HIH or a liquidator of HIH or any other person. s. 8 -- 12 of 28 -- Act No. 26/2001 House Contracts Guarantee (HIH) Act 2001 11 (4) If a claim is made under this section, the liquidator of HIH must make available to HGFL, on request, copies of any relevant documents held by the liquidator in relation to the HIH policy to which the claim relates. 41. Procedure for claims (1) Subject to sub-section (2), HGFL may from time to time submit to the Minister for approval the procedures it proposes to adopt in the handling and resolution of claims under this Part. (2) HGFL must submit the first procedures to be adopted under this Part to the Minister for approval immediately after the commencement of section 8 of the House Contracts Guarantee (HIH) Act 2001. (3) HGFL may propose to adopt as part of its procedures— (a) the requirement that a claim be made in a particular way; and (b) the requirement that a claim be made within a particular time; and (c) the requirement that a claimant supply to it a statutory declaration made by the claimant verifying any information supplied to HGFL by the claimant in respect of the claim. (4) The Minister may approve the procedures with or without amendment. (5) HGFL must adopt the procedures approved by the Minister. (6) A procedure does not take effect unless it has been approved by the Minister. s. 8 -- 13 of 28 -- Act No. 26/2001 House Contracts Guarantee (HIH) Act 2001 12 (7) Until procedures are approved under this section, the procedures approved under section 13 apply (with any necessary modifications) to claims under this Part. 42. When is a claim paid? If HGFL accepts a claim in respect of a loss covered by an indemnity under section 37, HGFL must pay to the person out of the Domestic Building (HIH) Indemnity Fund the amount assessed by HGFL as payable under the indemnity. 43. Assignment of rights (1) HGFL must not pay any amount under section 42 in respect of a claim unless— (a) the person entitled to payment under the claim has first assigned in writing to the State the person's right to recover from HIH, the builder or, if required by HGFL, any other person any amount in respect of the loss; and (b) express notice in writing of the assignment has been given to HIH, the builder or other person, as the case requires. (2) If a person assigns to HGFL a right to recover from HIH under a HIH policy, the liquidator of HIH must not take into account any amount paid out under an indemnity under this Part in determining a claim under that policy. 44. HGFL may require builder to make payments or rectify work s. 8 -- 14 of 28 -- Act No. 26/2001 House Contracts Guarantee (HIH) Act 2001 13 (1) Subject to sub-section (3), if a claim is made under section 40 for loss arising from incomplete or defective building work, HGFL may give reasonable directions to the builder concerned in respect of— (a) the completion of the building work or the rectification of the defective building work; or (b) the payment by the builder to the Domestic Building (HIH) Indemnity Fund of any amount in respect of the completion of the building work or the rectification of the defective building work. (2) Subject to sub-section (3), if a claim is made under section 40, HGFL may direct the builder concerned to pay to the Domestic Building (HIH) Indemnity Fund any amount paid out of the Fund on that claim. (3) HGFL may only give a direction under sub- section (1) or (2) to the extent that HIH would be able to require that work or require a payment to HIH by the builder under the relevant HIH policy. (4) A builder must comply with a direction under sub-section (1) or (2). (5) HGFL may recover an amount to be paid by a builder under this section in any court of competent jurisdiction as a debt due to the State. 45. Other rights not affected s. 8 -- 15 of 28 -- Act No. 26/2001 House Contracts Guarantee (HIH) Act 2001 14 Subject to section 43, nothing in this Part affects any right that a person has against an owner-builder or a builder under a domestic building contract or at common law or under the Domestic Building Contracts Act 1995 or the Building Act 1993. Division 3—Domestic Building (HIH) Indemnity Fund 46. Domestic Building (HIH) Indemnity Fund (1) There is to be established a Fund to be called the Domestic Building (HIH) Indemnity Fund. (2) There must be paid into the Fund— (a) any money appropriated by Parliament for the purposes of the Fund; (b) all money paid out of the domestic building (HIH) indemnity account in the Building Administration Fund under section 200(7D) of the Building Act 1993; (c) money recovered by the State from any person under a right assigned under section 43; (d) money paid or recovered under section 44; (e) all other money authorised or required to be paid to the Fund by any person or body; (f) income from the investment of the Fund. (3) There may be paid out of the Fund— s. 8 -- 16 of 28 -- Act No. 26/2001 House Contracts Guarantee (HIH) Act 2001 15 (a) the costs and expenses incurred in establishing and administering the indemnity scheme under this Part; (b) money directed under section 47 to be paid out of the Fund; (c) the amount of any claim payable under this Part; (d) any amount determined by the Auditor- General to defray the reasonable costs and expenses of an audit of the accounts of the Fund; (e) any other amount authorised under this Part or under any other Act to be paid out of the Fund. (4) All amounts paid out of the Fund under sub- section (3)(d) must be paid into the Consolidated Fund. (5) All money in the Fund is an asset of the State. 47. Payments to Consolidated Fund (1) If the Treasurer is satisfied that there is in the Domestic Building (HIH) Indemnity Fund at any time an amount in excess of the amount required to meet the anticipated payments from the Fund, the Treasurer after consultation with HGFL may direct the payment of the whole or any part of that excess amount out of the Fund into the Consolidated Fund. (2) HGFL must comply with a direction under sub-section (1). 48. How can the Fund be invested? s. 8 -- 17 of 28 -- Act No. 26/2001 House Contracts Guarantee (HIH) Act 2001 16 HGFL may invest any part of the Domestic Building (HIH) Indemnity Fund not immediately required for the purposes of the Fund in any manner approved by the Treasurer. 49. What happens to the Fund on the winding up of HGFL? On the winding up of HGFL, all money standing to the credit of the Domestic Building (HIH) Indemnity Fund must be paid into the Consolidated Fund. 50. HGFL to report to Minister HGFL must from time to time at the direction of the Minister report to the Minister in the manner required by the Minister on amounts paid into and out of the Domestic Building (HIH) Indemnity Fund. 51. Auditor-General to audit accounts of Fund (1) The accounts of the Domestic Building (HIH) Indemnity Fund must be audited annually by the Auditor-General. (2) The requirements of sub-section (1) are in addition to the requirements of the Corporations Law. (3) The Auditor-General has in respect of the audit all the powers conferred on the Auditor-General by any law relating to the audit of the Public Account. (4) The Auditor-General must submit a report of the audit to the Minister. (5) The Minister must cause a copy of any audit report to be laid before each House of Parliament within 7 sitting days of that s. 8 -- 18 of 28 -- Act No. 26/2001 House Contracts Guarantee (HIH) Act 2001 17 House after it is received by the Minister under sub-section (4). 52. Annual report HGFL must include in any annual report prepared under section 25A— (a) particulars of its administration of the indemnity scheme established under this Part and the Domestic Building (HIH) Indemnity Fund; and (b) the audited financial statements of the Domestic Building (HIH) Indemnity Fund. Division 4—General 53. Can HGFL enter into arrangements and agreements with liquidator of HIH? HGFL may, with the approval of the Minister— (a) enter into agreements or arrangements on behalf of the State with; and (b) on behalf of the State accept any assignment from— any liquidator of HIH or any other person for the purpose of the settling of any claim for loss in respect of which an assignment was made under section 43 or for any other purpose relating to an indemnity under this Part. 54. Effect of Corporations Law This Part has effect despite any provision of the Corporations (Victoria) Act 1990 or of s. 8 -- 19 of 28 -- Act No. 26/2001 House Contracts Guarantee (HIH) Act 2001 18 the applicable provisions (as defined in that Act) of the State. 55. Offence to make false statements A person must not make a false or misleading statement in relation to the making of a claim under this Part. Penalty: 100 penalty units. 56. Regulation-making powers The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Part to be prescribed or necessary to be prescribed to give effect to this Part.'. _______________ s. 8 -- 20 of 28 -- Act No. 26/2001 House Contracts Guarantee (HIH) Act 2001 19 PART 3—AMENDMENT OF BUILDING ACT 1993 9. Required insurance (1) After section 137A(2) of the Building Act 1993 insert— "(3) A builder who holds a HIH policy within the meaning of Part 6 of the House Contracts Guarantee Act 1987 is deemed for the purposes of sections 136(2) and 137 to be covered by the required insurance in relation to any building work to which the indemnity under Part 6 of the House Contracts Guarantee Act 1987 applies.". (2) After section 137B(5) of the Building Act 1993 insert— "(5A) It is and is to be taken always to have been sufficient compliance with sub-section (2)(c) if a certificate is or was given evidencing the existence of required insurance in the form of a HIH policy (within the meaning of Part 6 of the House Contracts Guarantee Act 1987) applying to the residence.". 10. Deferral of suspension (1) After section 172(7) of the Building Act 1993 insert— "(8) Despite sub-section (3), the Board may defer suspending a person's registration under this Part for failure to comply with sub-section (2) if the Board is satisfied that— (a) the person has applied for the required insurance; and (b) the only reason for the failure is that the insurer has not made a decision on the application. s. 9 See: Act No. 126/1993. Reprint No. 3 as at 1 January 1999 and amending Act Nos 99/1997, 18/1998, 75/1998, 91/1998, 17/1999, 28/2000, 35/2000, 85/2000, 91/2000 and 11/2001. LawToday: www.dms. dpc.vic. gov.au -- 21 of 28 -- Act No. 26/2001 House Contracts Guarantee (HIH) Act 2001 20 (9) Sub-section (8) ceases to have effect on 31 July 2001.". (2) After section 174(3) of the Building Act 1993 insert— "(4) Despite sub-section (1), the Board may defer suspending a person's registration under that sub-section if the Board is satisfied that— (a) the person has applied for the required insurance; and (b) the only reason for the person not being covered by the required insurance is that the insurer has not made a decision on the application. (5) Sub-section (4) ceases to have effect on 31 July 2001.". 11. Failure to comply with insurer's direction (1) In section 174A(1) of the Building Act 1993, after "Act 1987" insert "or a failure by the builder to comply with a direction under section 44 of the House Contracts Guarantee Act 1987". (2) In section 179(1)(fa) of the Building Act 1993, after "Act 1987" insert "or has failed to comply with a direction under section 44 of the House Contracts Guarantee Act 1987". 12. Domestic building (HIH) indemnity account (1) In section 200(2) of the Building Act 1993— (a) in paragraph (d) for "account." substitute "account; and"; (b) after paragraph (d) insert— s. 11 -- 22 of 28 -- Act No. 26/2001 House Contracts Guarantee (HIH) Act 2001 21 "(e) the domestic building (HIH) indemnity account.". (2) In section 200(3) of the Building Act 1993, after "levy" (where first occurring) insert "payable under section 201(1)". (3) After section 200(3B) of the Building Act 1993 insert— "(3C) Amounts paid into the fund on account of the building permit levy payable under section 201(1A) must be credited to the domestic building (HIH) indemnity account.". (4) In section 200(5) of the Building Act 1993— (a) in paragraph (c) for "or (7C)." substitute "or 7C; or"; (b) after paragraph (c) insert— "(d) out of the domestic building (HIH) indemnity account in accordance with sub-section (7D).". (5) After section 200(7C) of the Building Act 1993 insert— "(7D) Any amount standing to the credit of the domestic building (HIH) indemnity account at the end of each month must be paid within 7 days to the Domestic Building (HIH) Indemnity Fund established under Part 6 of the House Contracts Guarantee Act 1987.". 13. Additional building permit levy for domestic building work (1) In section 201 of the Building Act 1993, for sub- section (1A) substitute— "(1A) There is imposed by this Act, in addition to the levy imposed by sub-section (1), a s. 13 -- 23 of 28 -- Act No. 26/2001 House Contracts Guarantee (HIH) Act 2001 22 building permit levy of .032 cents in every dollar of the cost of domestic building work for which a building permit is sought. (1B) A building permit levy is not payable under sub-section (1) or (1A) in relation to an application for a building permit if the cost of the building work is $10 000 or less.". (2) After section 201(9) of the Building Act 1993 insert— "(10) The additional levy imposed by sub-section (1A) is not payable in respect of an application for a building permit made before the commencement of section 13 of the House Contracts Guarantee (HIH) Act 2001.". 14. Repeal of additional levy (1) In section 201 of the Building Act 1993, sub- section (1A) is repealed. (2) In section 201(1B) of the Building Act 1993, omit "or (1A)". 15. New clause 28 inserted in Schedule 4 In Schedule 4 of the Building Act 1993, after clause 27 insert— "28. Saving provision—repeal of additional levy (1) The repeal of section 201(1A) by section 14 of the House Contracts Guarantee (HIH) Act 2001 does not affect— (a) any liability to pay any levy imposed under that provision before that repeal; or (b) any right, obligation or power of any person relating to the payment, collection, recovery or receipt of any levy so imposed. (2) The provisions of sub-section (1) are in addition to and not in derogation of the provisions of the Interpretation of Legislation Act 1984.". s. 14 s. 15 -- 24 of 28 -- Act No. 26/2001 House Contracts Guarantee (HIH) Act 2001 23 _______________ -- 25 of 28 -- Act No. 26/2001 House Contracts Guarantee (HIH) Act 2001 24 PART 4—AMENDMENT OF DOMESTIC BUILDING CONTRACTS ACT 1995 16. Amendment of Domestic Building Contracts Act 1995 (1) In section 3(1) of the Domestic Building Contracts Act 1995, in the definition of "insurer" after paragraph (b) insert— "and (c) in relation to any domestic building work or domestic building contract to which Part 6 of the House Contracts Guarantee Act 1987 applies, the Housing Guarantee Fund Limited A.C.N. 006 258 233.". (2) In section 60(1) of the Domestic Building Contracts Act 1995, after "1987" insert "or from an indemnity under Part 6 of the House Contracts Guarantee Act 1987". (3) In section 61(1) of the Domestic Building Contracts Act 1995, after "1987" insert "or from an indemnity under Part 6 of the House Contracts Guarantee Act 1987". (4) In section 62 of the Domestic Building Contracts Act 1995, after "guarantee" insert "or indemnity". _______________ s. 16 See: Act No. 91/1995. Reprint No. 4 as at 11 May 2000 and amending Act No. 74/2000. LawToday: www.dms. dpc.vic. gov.au -- 26 of 28 -- Act No. 26/2001 House Contracts Guarantee (HIH) Act 2001 25 PART 5—AMENDMENT OF SALE OF LAND ACT 1962 17. Amendment of section 32 of the Sale of Land Act 1962 After section 32(9) of the Sale of Land Act 1962 insert— "(10) It is and is to be taken always to have been sufficient compliance with sub-section (1A)(c) if particulars are or were given of a HIH policy (within the meaning of Part 6 of the House Contracts Guarantee Act 1987) applying to the residence.". ═══════════════ s. 17 See: Act No. 6975/1962. Reprint No. 11 as at 6 January 2000 and amending Act Nos 74/2000 and 11/2001. LawToday: www.dms. dpc.vic. gov.au -- 27 of 28 -- Act No. 26/2001 House Contracts Guarantee (HIH) Act 2001 26 ENDNOTES † Minister's second reading speech— Legislative Assembly: 31 May 2001 Legislative Council: 5 June 2001 The long title for the Bill for this Act was "to amend the House Contracts Guarantee Act 1987 to establish an indemnity scheme in respect of certain classes of domestic building work affected by the collapse of the HIH Insurance Group, to amend the Building Act 1993, the Domestic Building Contracts Act 1995 and the Sale of Land Act 1962 and for other purposes." Endnotes -- 28 of 28 --