Residential Building Work Contracts and Dispute Resolution Regulations 2016
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Residential Building Work Contracts and Dispute Resolution Act 2016 .
24 October 2016C. WARNER
Governor
By Her Excellency's Command,
GUY BARNETT
Minister for Building and Construction
These regulations may be cited as the Residential Building Work Contracts and Dispute Resolution Regulations 2016 .
These regulations take effect on the day on which the Residential Building Work Contracts and Dispute Resolution Act 2016 commences.
In these regulations –Act means the Residential Building Work Contracts and Dispute Resolution Act 2016 .
4. Buildings that are not residential buildings for purposes of Act
For the purposes of section 5(2)(i) of the Act, the following buildings are not residential buildings:(a) a building comprising 3 or more separate places of residence situated directly one above the other;(b) a building designed to house more than 12 persons who are not members of the same family.
5. Structures that are part of residential buildings for purposes of Act
For the purposes of section 5(4)(b) of the Act, the following things are structures, fixtures or fittings that are taken to be part of a residential building:(a) solar panels;(b) satellite dishes;(c) rooftop wind turbines.
For the purposes of paragraph (a) of the definition of set amount in section 41(1) of the Act, the set amount is $50 000.
7. Adjudication application fee
[Regulation 7 Amended by No. 39 of 2018, s. 72, Applied:17 Dec 2018] For the purposes of section 62(4)(e) of the Act, the application fee is 208 fee units (inclusive of GST).
8. Infringement notice offences
For the purposes of section 80 of the Act –(a) an offence against a provision of the Act specified in column 2 of the table in Schedule 1 is a prescribed offence; and(b) the penalty specified in column 4 of that Schedule opposite that provision is the penalty applicable to that offence if the offence is committed by a body corporate; and(c) the penalty specified in column 5 of that Schedule opposite that provision is the penalty applicable to that offence if the offence is committed by an individual.
SCHEDULE 1 - Infringement Notice Offences[Schedule 1 Amended by No. 39 of 2018, s. 73, Applied:17 Dec 2018]
Column 1 | Column 2 | Column 3 | Column 4 | Column 5 | Item No. | Section | Description | Body corporate infringement | Individual infringement | 1. | 13 | Contract must be in writing | 8 | 3 | 2. | 14(1) | Contract must contain certain matters | 8 | 3 | 3. | 16 | Copy of contract and consumer guide to be given to owner as required | 20 | 10 | 4. | 17(1) | Variations of contract must be in writing | 3 | 1 | 5. | 17(5) | No work to be done until variation document signed by both parties | 3 | 1 | 6. | 18 | Variation document must contain certain matters | 3 | 1 | 7. | 19 | Variation document must be signed | 3 | 1 | 8. | 20 | Copy of variation document must be given to owner as specified | 10 | 5 | 9. | 21(2) | Requirements where variation requires consent of surveyor | 3 | 1 | 10. | 21(3) | Owner must be given copy of variation and permit, and no work done until consent given | 3 | 1 | 11. | 39(1) | Copy of consumer guide to be given to owner before contract entered into | 3 | 1 | 12. | 39(2) | Copy of consumer guide to be given to owner before any work done | 3 | 1 | 13. | 40 | Copy of commencement notice to be given to owner within specified period | 3 | 1 | 14. | 41(2) | Deposit exceeding maximum not to be demanded or received | 20 | 10 | 15. | 42(2) | Only certain progress payments can be required | 20 | 10 | 16. | 43 | Owner to be given notice of practical completion within specified period | 3 | 1 | 17. | 44(2) | Defects document to be given to owner | 8 | 3 | 18. | 44(3) | Reasonable steps to be taken to correct defects or omissions within 6 months | 8 | 3 | 19. | Compliance with adjudication order by specified date | 20 | 10 |
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 2 November 2016