(1) A contracting residential builder must include the consumer guarantees in each residential building contract the builder enters into.
Maximum penalty: 100 penalty units.
(2) A provision of a residential building contract is of no effect to the extent to which the provision purports to:
(a) restrict or remove the rights of a person in relation to:
(i) a consumer guarantee; or
(ii) another matter relating to the rights of the contracting owner that is required by regulation to be included in the contract; or
(b) require a dispute in relation to the contract to be referred to arbitration.
(3) Despite subsection (2)(b), this section does not prevent the parties to a residential building contract from entering into an agreement, after a dispute has arisen under the contract, about referring the dispute to arbitration.
(4) However, subsection (3) does not apply in relation to a consumer guarantee dispute.