Home Building Act 1989

A provision included in an insurance contract for the purpose of giving effect to clause 63(3) of the Home Building Regulation 2004 is taken to be modified to the extent necessary to give effect to clause 63(3) of that Regulation as amended by the amending Act.

A provision included in an insurance contract for the purpose of giving effect to clause 53(3) of the Home Building Regulation 1997 is taken to be modified to the extent necessary to give effect to clause 63(3) of the Home Building Regulation 2004 as amended by the amending Act.

The modification of a provision of an insurance contract effected by this clause is taken to have had effect from the commencement of the contract concerned.

The amendment by the amending Act of clause 63 of the Home Building Regulation 2004 (the clause 63 amendment) is taken to have had effect from the commencement of that Regulation. Clause 53 of the Home Building Regulation 1997 is taken to have been amended (from its commencement) to the same effect as the clause 63 amendment.

Nothing in this clause affects the liability of an insurer for a claim that was made under a policy of insurance before the date of assent to the amending Act, whether or not the claim was finalised before that date.

For the purposes of this clause, a claim for a loss was not made under a policy of insurance merely because the insurer is taken to have been notified of that loss by operation of clause 63(3) of the Home Building Regulation 2004, clause 53(3) of the Home Building Regulation 1997 or a provision included in an insurance contract for the purpose of giving effect to either of those clauses.