Victorian Numbered Acts

BUILDING LEGISLATION AMENDMENT (CONSUMER PROTECTION) ACT 2016 (NO. 15 OF 2016) - SECT 12

Before Schedule 2 to the Domestic Building Contracts Act 1995 insert —

" Schedule 1—Transitional provisions

        1     Commencement day

In this Schedule, "commencement day" means the day on which Part 2 of the Building Legislation Amendment (Consumer Protection) Act 2016 comes into operation.

        2     Complaints and conciliation

    (1)                     This Act as in force immediately before the commencement day continues to apply in relation to any complaint made to the Director under Part 3A before the commencement day.

    (2)     For the purposes of subclause (1), the Victorian Civil and Administrative Tribunal Act 1998 applies as if the amendments made by Division 2 of Part 2 of the Building Legislation Amendment (Consumer Protection) Act 2016 had not been made.

        3     Assessors and examinations

Part 4, as in force before its substitution by Part 2 of the Building Legislation Amendment (Consumer Protection) Act 2016 , continues to apply in relation to any examination by an inspector appointed under that Part 4—

        (a)     that commenced before the commencement day; or

        (b)     that commences on or after the commencement day as a result of a request under section 43F as continued by clause 2.

        4     Regulations dealing with transitional matters

    (1)     The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of Part 2 of the Building Legislation Amendment (Consumer Protection) Act 2016 , including any repeals and amendments made as a result of the enactment of that Part.

    (2)     Regulations made under this clause may have a retrospective effect to a day on or from a date not earlier than the date on which the Building Legislation Amendment (Consumer Protection) Act 2016 receives the Royal Assent.

    (3)     Regulations made under this clause have effect despite anything to the contrary in any Act (other than this Act or the Charter of Human Rights and Responsibilities Act 2006 ) or in any subordinate instrument.

    (4)     Sections 6 and 7 of the Subordinate Legislation Act 1994 do not apply to regulations made under this clause that expire on or before 1 July 2017.

    (5)     This clause is repealed on 1 July 2019.".

        Division 2—Amendments to Victorian Civil and Administrative Tribunal Act 1998