s. 137B (3) A builder who holds a HIH policy within the S. 137A(3) meaning of Part 6 of the House Contracts inserted by No. 26/2001 is deemed for the purposes Guarantee Act 1987 s. 9(1). of sections 136(2) and 137 to be covered by the required insurance in relation to any building work to which the indemnity under Part 6 of the House Contracts Guarantee Act 1987 applies. (4) A reference— S. 137A(3) inserted by No. 17/1999 (a) in any order made under section 135; or s. 22(2), renumbered (b) in any instrument or agreement which is as s. 137A(4) required insurance— by No. 11/2002 to "section 9, 11 or 12 of the Fair Trading Act s. 3(Sch. 1 item 6.2), 1999" is, to the extent that it relates to any period substituted by on or after the commencement of section 8 of the No. 72/2010 s. 48(Sch. Fair Trading Amendment (Australian item 2(2)). Consumer Law) Act 2010, taken to include a reference to "section 18, 29, 34 or 151 of the Australian Consumer Law (Victoria)". 137B Offence for owner-builder to sell building without S. 137B inserted by report or insurance No. 91/1995 s. 142. (1) This section does not apply to— (a) the construction of a building (other than a home) by— (i) a registered building practitioner; or (ii) an architect registered under the Architects Act 1991; or (b) except as provided in subsection (5), the construction of a home under a major domestic building contract; or (c) a building that is exempted from the S. 137B(1)(c) substituted by operation of this section by the Victorian No. 52/1998 Civil and Administrative Tribunal under the s. 311(Sch. 1 item 10.5). Domestic Building Contracts Act 1995; or
S. 137A(3) inserted by No. 26/2001 s. 9(1). (3) A builder who holds a HIH policy within the meaning of Part 6 of the House Contracts Guarantee Act 1987 is deemed for the purposes of sections 136(2) and 137 to be covered by the required insurance in relation to any building work to which the indemnity under Part 6 of the House Contracts Guarantee Act 1987 applies. S. 137A(3) inserted by No. 17/1999 s. 22(2), renumbered as s. 137A(4) by No. 11/2002 s. 3(Sch. 1 item 6.2), substituted by No. 72/2010 s. 48(Sch. item 2(2)). (4) A reference— (a) in any order made under section 135; or (b) in any instrument or agreement which is required insurance— to "section 9, 11 or 12 of the Fair Trading Act 1999" is, to the extent that it relates to any period on or after the commencement of section 8 of the Fair Trading Amendment (Australian Consumer Law) Act 2010, taken to include a reference to "section 18, 29, 34 or 151 of the Australian Consumer Law (Victoria)". S. 137B inserted by No. 91/1995 s. 142. 137B Offence for owner-builder to sell building without report or insurance s. 137B (1) This section does not apply to— (a) the construction of a building (other than a home) by— (i) a registered building practitioner; or (ii) an architect registered under the Architects Act 1991; or (b) except as provided in subsection (5), the construction of a home under a major domestic building contract; or S. 137B(1)(c) substituted by No. 52/1998 s. 311(Sch. 1 item 10.5). (c) a building that is exempted from the operation of this section by the Victorian Civil and Administrative Tribunal under the Domestic Building Contracts Act 1995; or
93-126a084.docx