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Building and Other Legislation Amendment Bill 2009
Building and Other Legislation
Amendment Bill 2009
Explanatory Notes for Amendments to be
moved during consideration in detail by the
Honourable Stirling Hinchliffe MP
Short Title
The short title of the Bill is the Building and Other Legislation Amendment
Act 2009.
Objectives of the Amendments
The objectives of the amendments to be moved during consideration in
detail are to:
· provide certainty about when the obligations on sellers and seller's
agents in relation to a sustainability declaration apply during the
marketing of a home for sale; and
· ensure there is no right to terminate a contract when a contract is
formed on a sale by auction only because the sustainability declaration
is incomplete or contains information that is false or misleading.
How objectives are achieved
Passage of the Bill including the amendments to be moved during
consideration in detail will achieve the Government's policy objectives.
Alternative method of achieving the policy objectives
There are no alternatives to the passage of the Bill including the
amendments to be moved during consideration in detail that would achieve
the Government's policy objectives.
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Building and Other Legislation Amendment Bill 2009
Estimated cost for implementation
There are no additional anticipated financial costs for Government arising
from the amendments including the amendments to be moved during
consideration in detail. Implementation costs will be absorbed within
existing departmental budgets.
Consistency with Fundamental Legislative Principles
The amendments to be moved during consideration in detail are consistent
with Fundamental Legislative Principles.
Consultation
The amendments to be moved during consideration in detail are based upon
ongoing consultation with industry including The Real Estate Institute of
Queensland and relevant government departments including Fair Trading
within the Department of Employment Economic Development and
Innovation and Department of the Premier and Cabinet, since the Bill was
introduced into the House.
Notes on Provisions
1 Clause 29 (Insertion of new chs 8A and 8B)
Amendment 1 amends clause 29 by omitting the words "the building is
sold" and inserting "a contract for the sale of the building settles". This
clarifies that the intention of section 246E is to ensure the ongoing
requirements of the division apply to the seller throughout the potential
marketing period.
It may be possible for a contract to be terminated before settlement and for
marketing of the building to resume. It may also be possible that some form
of marketing would continue before a contract settles but after the contract
conditions had been met.
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Building and Other Legislation Amendment Bill 2009
2 Clause 73 (Insertion of new ch 11, pt 5)
Amendment 2 amends clause 73 by omitting the words "the dwelling is
sold" and inserting "a contract for the sale of the dwelling settles". This
clarifies that the intention of section 373B is to ensure the ongoing
requirements of the division apply to the seller's agent throughout the
potential marketing period.
It may be possible for a contract to be terminated before settlement and for
marketing of the building to resume. It may also be possible that some form
of marketing would continue before a contract settles but after the contract
conditions had been met.
3 Clause 73 (Insertion of new ch 11, pt 5)
Amendment 3 amends clause 73 by inserting the words "or a contract
formed on a sale by auction" to ensure that section 373H refers to the buyer
under a private contract or a buyer under a contract formed on a sale by
auction. The buyer under a private contract or a buyer under a contract
formed on a sale by auction will have no right to terminate a contract only
because the sustainability declaration is incomplete or contains information
that is false or misleading. The earlier reference to "relevant contract"
unintentionally excluded a contract formed on a sale by auction from this
protection.
© State of Queensland 2009
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