Australian Capital Territory Numbered Acts

BUILDING AND CONSTRUCTION LEGISLATION AMENDMENT ACT 2016 (NO. 44 OF 2016) - SECT 24

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Division 6.2A     Standard conditions

89A     Residential building work contract to which div 6.2A does not apply

This division does not apply to a residential building work contract if the cost of the residential building work under the contract is less than the amount prescribed by regulation.

89B     Meaning of residential building work contract —div 6.2A

    (1)     In this division:

"residential building work contract "means a contract—

        (a)     to carry out residential building work, to which the builder is a party; or

        (b)     for the sale of a residential building, or part of a residential building, if the contract involves carrying out residential building work; or

        (c)     to arrange for someone else to carry out residential building work.

Note     If a form is approved under s 151 for this provision, the form must be used.

    (2)     For this division, a contract involves carrying out residential building work if—

        (a)     the contract is to purchase a residential building before, at, or after the completion of residential building work; or

        (b)     the completion of the contract depends on the completion of residential building work; or

        (c)     progress payments under the contract relate to the progress of residential building work.

89C     Standard conditions for residential building work contract

    (1)     A regulation may prescribe the following for a residential building work contract:

        (a)     a standard condition;

        (b)     the meaning of a term used in a residential building work contract (a prescribed term ).

    (2)     A person commits an offence if—

        (a)     the person enters into a residential building work contract; and

        (b)     under the contract the person—

              (i)     is required to carry out residential building work; or

              (ii)     sells a residential building, or part of a residential building, and carrying out residential building work is involved in the contract; or

              (iii)     arranges for someone else to carry out residential building work; and

        (c)     the residential building work contract does not include—

              (i)     each standard condition; or

              (ii)     if the residential building work uses a prescribed term—the meaning of the prescribed term.

Maximum penalty: 10 penalty units.

    (3)     An offence against this section is a strict liability offence.

89D     Required documents for residential building work contract

    (1)     A regulation may prescribe the documents (the required documents ) that must be attached to a residential building work contract.

    (2)     A person commits an offence if—

        (a)     the person enters into a residential building work contract; and

        (b)     under the contract the person—

              (i)     is required to carry out residential building work; or

              (ii)     sells a residential building, or part of a residential building, and carrying out residential building work is involved in the contract; or

              (iii)     arranges for someone else to carry out residential building work; and

        (c)     the required documents are not attached to the residential building work contract.

Maximum penalty: 10 penalty units.

    (3)     An offence against this section is a strict liability offence.

89E     Prohibited conditions for residential building work contract

    (1)     A regulation may prescribe a prohibited condition for a residential building work contract.

    (2)     A prohibited condition, that is included in a residential building work contract, is void.