Western Australian Consolidated Acts Western Australian Consolidated Acts1 This is a compilation of the Home Building Contracts Act
1991 and includes the amendments made by the other written laws referred to
in the following table 1a. The table also contains information
about any reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
61 of 1991 |
30 Dec 1991 |
4 Apr 1992 (see s. 2 and Gazette
3 Apr 1992 p. 1461) |
|
|
Strata Titles Amendment Act 1995
s. 97 |
58 of 1995 |
20 Dec 1995 |
14 Apr 1996 (see s. 2 and Gazette
15 Mar 1996 p. 981) |
|
Water Agencies Restructure (Transitional and
Consequential Provisions) Act 1995 s. 188 |
73 of 1995 |
27 Dec 1995 |
1 Jan 1996 (see s. 2(2) and Gazette
29 Dec 1995 p. 6291) |
|
Local Government (Consequential
Amendments) Act 1996 s. 4 |
14 of 1996 |
28 Jun 1996 |
1 Jul 1996 (see s. 2) |
|
Home Building Contracts Amendment
Act 1996 |
72 of 1996 |
13 Nov 1996 |
1 Feb 1997 (see s. 2 and Gazette
24 Jan 1997 p. 543) |
|
Trustees Amendment Act 1997
s. 18 |
1 of 1997 |
6 May 1997 |
16 Jun 1997 (see s. 2 and Gazette
10 Jun 1997 p. 2661) |
|
Statutes (Repeals and Minor Amendments) Act 1997
s. 73 |
57 of 1997 |
15 Dec 1997 |
15 Dec 1997 (see s. 2(1)) |
|
Reprint of the Home Building Contracts
Act 1991 as at 30 Oct 1998 (includes amendments listed
above) |
|||
|
Building Legislation Amendment Act 2000
Pt. 3 and s. 59 and 62 2 |
76 of 2000 |
7 Dec 2000 |
s. 43, 44, 48, 49(2), 50(1), 51-53, 55-57, 58(c), 59
and 62: 1 Aug 2001 (see s. 2 and Gazette
31 Jul 2001 p. 3907); |
|
10 of 2001 |
28 Jun 2001 |
15 Jul 2001 (see s. 2 and Gazette
29 Jun 2001 p. 3257 and Cwlth Gazette
13 Jul 2001 No. S285) |
|
|
Reprint of the Home Building Contracts Act 1991 as
at 9 Nov 2001 (includes amendments listed above) |
|||
|
Home Building Contracts Amendment Act
2002 |
37 of 2002 |
20 Nov 2002 |
20 Nov 2002 (see s. 2) |
|
Statutes (Repeals and Minor Amendments) Act 2003
s. 66 |
74 of 2003 |
15 Dec 2003 |
15 Dec 2003 (see s. 2) |
|
Courts Legislation Amendment and Repeal Act 2004
s. 141 |
59 of 2004 |
23 Nov 2004 |
1 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7128) |
|
Criminal Procedure and Appeals (Consequential and Other
Provisions) Act 2004 s. 80 |
84 of 2004 |
16 Dec 2004 |
2 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7129 (correction in Gazette
7 Jan 2005 p. 53)) |
|
Reprint 3: The Home Building Contracts Act 1991 as
at 10 Feb 2006 (includes amendments listed above) |
|||
|
Statutes (Repeals and Miscellaneous Amendments) Act
2009 s. 75 |
8 of 2009 |
21 May 2009 |
22 May 2009 (see s. 2(b)) |
|
Standardisation of Formatting Act 2010 s. 4
and 51 |
19 of 2010 |
28 Jun 2010 |
11 Sep 2010 (see s. 2(b) and Gazette
10 Sep 2010 p. 4341) |
|
Building Services (Complaint Resolution and
Administration) Act 2011 Pt. 10 Div. 1 |
16 of 2011 |
25 May 2011 |
29 Aug 2011 (see s. 2(b) and Gazette 26 Aug
2011 p. 3475) |
|
Building Services (Registration) Act 2011
Pt. 10 Div. 1 |
19 of 2011 |
22 Jun 2011 |
29 Aug 2011 (see s. 2(b) and Gazette
26 Aug 2011 p. 3475-6) |
|
Building Act 2011 s. 163 |
24 of 2011 |
11 Jul 2011 |
2 Apr 2012 (see s. 2(b) and Gazette
13 Mar 2012 p. 1033) |
|
Statutes (Repeals and Minor Amendments) Act 2011
s. 22 |
47 of 2011 |
25 Oct 2011 |
26 Oct 2011 (see s. 2(b)) |
1a On the date as at which this
compilation was prepared, provisions referred to in the following table had not
come into operation and were therefore not included in this compilation. For
the text of the provisions see the endnotes referred to in the table.
Provisions that have not come
into operation
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
34 of 1995 |
29 Sep 1995 |
To be proclaimed (see s. 2) |
2 The Building Legislation Amendment Act 2000 s. 59 and
62 read as follows:
“
59. References
to Committee in other written laws
A reference in any written law to the Building Disputes Committee
constituted under the Builders’ Registration Act 1939 is to be
read and construed as a reference to the Building Disputes Tribunal under that
Act as amended by this Act.
(1) The Minister is to carry out a review of the operation and
effectiveness of the amendments made by this Act as soon as is practicable after
the expiration of 3 years from the commencement of section 1 of this
Act.
(2) The Minister is to prepare a report based on the review made under
subsection (1) and, as soon as is practicable after the report is prepared,
is to cause it to be laid before each House of Parliament.
”.
3 On the date as at which this compilation was prepared, the
Caravan Parks and Camping Grounds Act 1995 s. 33, which gives effect
to Sch. 2, had not come into operation. It reads as follows:
“
33. Consequential amendments
The Acts referred to in the first column of Schedule 2 are amended in the
manner set out in the second column of that Schedule.
”.
Schedule 2 item 3 reads as follows:
“
|
3. |
In the definition of “dwelling” in section 3(1), insert after
“residence” the following — |
”.
Defined
Terms
[This is a list of terms defined and
the provisions where they are defined. The list is not part of the
law.]
Defined Term Provision(s)
approved
fund 25A
associated work 3(1)
authorised person 26(3),
31B(1)
builder 3(1), 25A
Builders’ Registration
Board 3(1)
Building Commissioner 3(1)
building contract 25A
building
licence 3(1)
building permit 3(1)
building service
contractor 25A
construct 3(1)
contract 3(1), 7(5)
corresponding
cover 25A
cost of the building work 25A
cost plus contract 3(1)
date of
the contract 3(1)
date of the
variation 3(1)
defect 11(2)
developer 25A, 25L(1)
dwelling 3(1)
home
building work 3(1)
home building work
contract 3(1)
insolvency 25A
insurance 25B(5)
minimum
amount 25A
officer 30(2)
owner 3(1)
owner-builder 25A
perform 3(1)
practical
completion 11(2)
prescribed 3(1)
purchaser 25L(1)
repealed
Act 3(1)
rescind 25A
residential building work 25A
residential building
work contract 25A
rise-and-fall clause 13(3)
sale
contract 25A
settlement 25A
specified period 25J(1),
25K(1)
strata-titled dwelling 3(1)
the Water Act 9(6)
working
days 3(1)