Period of cover under approved insurance policy
198 Period of cover under approved insurance policy
This section applies in relation to building work if:
(a) the building work, when complete, is covered by an approved insurance policy against non-compliance with the Regulations; and
(b) an occupancy permit or certificate of substantial compliance is granted for the work after the commencement.
(2) A reference in the approved insurance policy to the grant of an occupancy permit is taken to include a reference to the grant of a certificate of substantial compliance.
(3) The entitlement to make a claim in relation to the cover provided for the building work takes effect, in accordance with the approved insurance policy, on the grant of the occupancy permit or certificate of substantial compliance.
(4) However, despite anything to the contrary specified in the approved insurance policy, the period of cover for the building work commences on the earlier of the following:
(a) the day on which the initial building permit granted for the work ceased to be in force or, if renewed, would have ceased to be in force if not for the renewal;
(b) the day on which all the work essential to the class of the building to which the policy relates had been completed, as determined in writing by a building certifier.
(5) The approved insurance policy does not cover any building work specified in the initial building permit granted for the work that had not been completed before the day mentioned in subsection (4)(a) or (b), as relevant.
In this section:
approved insurance policy means an approved policy of insurance issued before 1 January 2013 under section 61 as in force before that date.
199 Offences – before and after commencement
(1) Sections 38, 42 and 65 and Schedule 3, clause 1, as amended by the amending Act, apply only in relation to offences committed after the commencement.
(2) Sections 38, 42 and 65 and Schedule 3, clause 1, as in force before the commencement, continue to apply in relation to offences committed before the commencement.
(3) For this section, if any of the conduct constituting an offence occurred before the commencement, the offence is taken to have been committed before the commencement.
This provision refers to the regulations (the Regulations
). Made under this Act:
This Act’s bill:Second reading speech
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