Domestic Building Contracts (Amendment) Act 2000

i Domestic Building Contracts (Amendment) Act 2000 Act No. 2/2000 TABLE OF PROVISIONS Section Page 1. Purpose 1 2. Commencement 1 3. Insertion of section 13A 1 13A. Effect of GST clauses on certain contracts 2 ═══════════════ NOTES 4 -- 1 of 5 -- 1 Domestic Building Contracts (Amendment) Act 2000 † [Assented to 28 March 2000] The Parliament of Victoria enacts as follows: 1. Purpose The purpose of this Act is to amend the Domestic Building Contracts Act 1995 to make provision for the effect of GST clauses on certain domestic building contracts. 2. Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. 3. Insertion of section 13A Victoria No. 2 of 2000  -- 2 of 5 -- Act No. 2/2000 Domestic Building Contracts (Amendment) Act 2000 2 After section 13 of the Domestic Building Contracts Act 1995 insert— "13A. Effect of GST clauses on certain contracts (1) Section 13(1) does not apply, and is deemed never to have applied, to a cost plus contract— (a) that was entered into on or before 8 November 1999; and (b) that provides for the builder to be paid any amount in respect of GST (as that term is defined in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth); and (c) that— (i) does not contain any other provision that makes it a cost plus contract; or (ii) is a contract referred to in section 13(1)(a) or (b). (2) Section 13(2) does not apply, and is deemed never to have applied, to a cost plus contract referred to in sub-section (1) to the extent that it relates to an estimate of the amount payable to the builder in respect of any GST (as defined in sub-section (1)(b)). (3) A cost plus contract— (a) that was entered into after 8 November 1999 and before 30 November 1999; and (b) that would have been allowed as a cost plus contract by the regulations for the purposes of section 13 if it had been entered into on or after 30 November 1999— No. 91/1995. Reprint No. 3 as at 1 July 1998. Further amended by No. 17/1999. -- 3 of 5 -- Act No. 2/2000 Domestic Building Contracts (Amendment) Act 2000 3 is deemed to be, and to have always been, a cost plus contract of a class allowed by the regulations for the purposes of section 13.". ═══════════════ s. 3 -- 4 of 5 -- Act No. 2/2000 Domestic Building Contracts (Amendment) Act 2000 4 NOTES † Minister's second reading speech— Legislative Assembly: 2 December 1999 Legislative Council: 15 March 2000 The long title for the Bill for this Act was "to amend the Domestic Building Contracts Act 1995 and for other purposes." Notes -- 5 of 5 --