Definitions
1 Definitions
In this Act—
alternative indemnity product—see section 104.
authority means the following—
a contractor licence (whether or not an endorsed contractor licence),
a supervisor or tradesperson certificate,
an owner-builder permit.
Authority means the State Insurance Regulatory Authority.
Building Code of Australia has the same meaning as in the Environmental Planning and Assessment Act 1979.
building cover contract means—
a contract of insurance under Part 6, or
a contract or arrangement for the provision of cover by means of an alternative indemnity product.
Chapter 5 body corporate has the same meaning as in the Corporations Act 2001 of the Commonwealth.
close associate—see clause 5.
consent declaration means a declaration by an individual who is, or is proposed to be, the nominated supervisor for a contractor licence, being a declaration to the effect that the individual understands the responsibilities of a nominated supervisor and consents to being that nominated supervisor.
construction period insurance contract—see section 99(4).
contract price means the total amount payable under a contract to do work or to supply a kit home and includes—
the amount that the person contracting to do the work or to supply a kit home is to receive and retain under the contract, and
the amount that the person is to receive under the contract for payment to any other person, and
the amount any third person is to receive (or it is reasonably estimated will receive) directly from the person for whom the work is done or to whom the kit home is supplied in relation to the work done, or the kit home supplied, under the contract—
for conveying to the building site or connecting or installing services such as gas, electricity, telephone, water and sewerage, or
for the issue of development or building consents.
contractor licence means a contractor licence referred to in section 4 or 5.
data means any facts, statistics, instructions, concepts or other information in a form that is capable of being communicated, analysed or processed (whether by an individual or by a computer or other automated means).
Department means the department in which this Act is administered.
developer—see section 3A.
dual occupancy—see section 29.
dwelling—see clause 3.
electrical wiring work has the same meaning as it has in the Gas and Electricity (Consumer Safety) Act 2017.
endorsed contractor licence means a contractor licence endorsed under this Act to show that it is the equivalent of a supervisor certificate.
fixed apparatus means apparatus fixed to a dwelling or part of a dwelling with the intention that it should remain in that position permanently.
function includes a power, authority or duty, and exercise a function includes perform a duty.
gasfitting work has the same meaning as it has in the Gas Supply Act 1996.
Home Building Insurers Guarantee Fund means the Home Building Insurers Guarantee Fund established under Part 6A.
Home Building Operational Fund means the Home Building Operational Fund established under Part 6.
Insurance Guidelines means Insurance Guidelines issued by the Authority under this Act and in force.
kit home—see clause 4.
licensed insurer means an insurer that is the holder of a licence that is in force under Part 6C and includes the Self Insurance Corporation.
licensed provider means a provider of an alternative indemnity product that is the holder of a licence that is in force under Part 6C.
major defect—see section 18E.
mechanical services and medical gas work means—
the construction, installation, replacement, repair, alteration, maintenance, testing or commissioning of a mechanical heating, cooling or ventilation system in a building, which is associated with the heating, cooling or ventilation of that building, and includes the following—
any valve, regulator, pipe, flue, tank, heating or cooling pipe or surface, boiler, burner, solid fuel heater, coil or other item that is used in the system,
in the case of a cooling tower, any water pipe, valve, pump, automated dosing device or automated bleeding device or any other mechanical component that affects the cooling tower’s cooling water flow rate or wastewater disposal,
roof sheeting and roof flashing that is necessary for the purpose of any work described in this paragraph or paragraphs (b)–(d), and
medical gasfitting work, and
the installation, commissioning and any incidental design work that is associated with the installation and commissioning of—
any part of a single head split system, or
a ceiling cassette system, or
an add-on condenser unit for a ducted system,
that is associated with the heating and cooling of a building, and
any design work that is incidental to, or associated with, any work described in paragraphs (a) and (b),
but does not include the following—
gasfitting work,
any work on a cooling tower drift eliminator,
any treatment of cooling or heating water,
any cleaning of a cooling tower,
disassembly or reassembly of a flue terminal for the purposes of cleaning a solid fuel heater,
the connection or disconnection of a system referred to in paragraphs (a)–(d) from a water supply other than disconnection of the system from a water supply at an isolating valve adjacent to a mechanical component of that system.
medical gas technician work has the same meaning as in the Gas and Electricity (Consumer Safety) Act 2017.
medical gasfitting work has the same meaning as in the Gas and Electricity (Consumer Safety) Act 2017.
National Construction Code means the National Construction Code produced and maintained by the Australian Building Codes Board, as in force from time to time.
nominated supervisor means an individual—
who holds an endorsed contractor licence or a supervisor certificate, and
who is for the time being registered in accordance with the regulations for the purpose of supervising the doing of residential building work or specialist work.
non-contracting owner, in relation to a contract to do residential building work on land, means an individual, partnership or corporation that is the owner of the land but is not a party to the contract and includes any successor in title to the owner.
officer, in relation to a corporation, has the same meaning as it has in the Corporations Act 2001 of the Commonwealth.
owner of land means the only person who, or each person who jointly or severally, at law or in equity—
is entitled to the land for an estate of freehold in possession, or
is entitled to receive, or receives, or if the land were let to a tenant would be entitled to receive, the rents and profits of the land, whether as beneficial owner, trustee, mortgagee in possession or otherwise.
owner-builder means a person who does owner-builder work under an owner-builder permit issued to the person for that work.
owner-builder permit means an owner-builder permit issued under Division 3 of Part 3.
owner-builder work—see section 29.
plumbing and drainage work means—
plumbing and drainage work within the meaning of the Plumbing and Drainage Act 2011, or
any plumbing work or drainage work that, because of a relevant law, can be done lawfully only by the holder of an endorsed contractor licence, a supervisor or a tradesperson certificate or some other specified person, or
water plumbing work comprising the construction of or work on a fire suppression system that is connected or to be connected to a water main.
progress payment for residential building work means any payment on account after work is commenced under a contract to do residential building work.
provider of an alternative indemnity product—see section 104.
registered certifier has the same meaning as in the Building and Development Certifiers Act 2018.
relevant law means an Act or a statutory instrument that is declared by the regulations to be an Act or statutory instrument that regulates the specialist work concerned.
residential building work—see clause 2.
roof plumbing work means any work involved in the fixing, installation, renovation, alteration, repair and maintenance of guttering, downpipes, roof flashing and roof coverings on any building or structure, except work in relation to roof coverings consisting of—
non-metallic tiles and slates, or
glass (being work usually performed by glaziers), or
concrete, or
timber and timber products, or
thatching, or
malthoid, bituminous or similar membrane material.
secondary dwelling—see section 29.
Secretary means the Secretary of the Department.
Self Insurance Corporation means the NSW Self Insurance Corporation constituted by the NSW Self Insurance Corporation Act 2004.
specialist work means the following work whether or not done in connection with a dwelling—
plumbing and drainage work, other than roof plumbing work,
mechanical services and medical gas work,
medical gasfitting work,
medical gas technician work,
gasfitting work,
electrical wiring work,
any work declared by the regulations to be refrigeration work or air-conditioning work.
Note.
Work can be specialist work whether or not it is done in connection with a dwelling (so it can include work done in connection with commercial or industrial work).
statutory warranty means a warranty established by Part 2C.
supervisor certificate means a supervisor certificate issued under Division 2 of Part 3.
supply means supply for consideration, but does not include supply for the purposes of resale.
tradesperson certificate means a tradesperson certificate issued under Division 2 of Part 3
Tribunal means the Civil and Administrative Tribunal established by the Civil and Administrative Tribunal Act 2013.
Note.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
This provision refers to the regulations (the regulations
, declared by the regulations
). Made under this Act:
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