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HOME BUILDING ACT 1989 - SECT 103M
Assignment of rights
103M Assignment of rights
(1) Where a claims administrator pays an amount to a beneficiary (or a person
nominated by a beneficiary) under the indemnity provided by this Division, the
beneficiary is taken to have assigned the beneficiary's rights in respect of
the matter covered by the indemnity to the claims administrator.
(2) The
claims administrator may enforce the rights assigned to it under this section
as if those rights had been personally assigned by the beneficiary.
(3) The
regulations may make provision for or with respect to assignments of
beneficiaries' rights under this section, including, but not limited to,
provisions relating to-- (a) the nature and extent of the assignment, and
(b)
the enforcement of the assignment by the claims administrator.
(4) A
reference in this section to the assignment of a beneficiary's rights includes
a reference to the assignment of any rights that the beneficiary may have, in
respect of the matter covered by the indemnity, against a developer or any
other person.
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