{"id":"master-builders-association-victoria-guarantee-act-1979","name":"Master Builders' Association of Victoria (Guarantee) Act 1979","slug":"master-builders-association-of-victoria-guarantee-act-1979","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176342,"registerId":"vic-master-builders-association-victoria-guarantee-act-1979-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Master Builders' Association of Victoria (Guarantee) Act 1979","content":"Victorian Legislation and Parliamentary Documentsi\nVersion No. 001\nMaster Builders' Association of Victoria\n(Guarantee) Act 1979\nAct No. 9350/1979\nVersion as at 14 February 2000\nTABLE OF PROVISIONS\nSection Page\n1. Short title and commencement 2\n2. Power of Treasurer to execute guarantees 2\n3. Appropriation 3\n═══════════════\nENDNOTES 4\n1. General Information 4\n2. Table of Amendments 5\n3. Explanatory Details 6\n\nVictorian Legislation and Parliamentary Documents1\nVersion No. 001\nMaster Builders' Association of Victoria\n(Guarantee) Act 1979\nAct No. 9350/1979\nVersion as at 14 February 2000\nAn Act to authorize the Treasurer of Victoria to Guarantee\ncertain Moneys proposed to be borrowed by the Master Builders'\nAssociation of Victoria and for other purposes.\nPreamble\nWHEREAS the Master Builders' Association of\nVictoria (hereinafter in this Act called \"the\nAssociation\") is a company limited by guarantee\nformed for the purpose, amongst others, of\npromoting the interests of the Building and\nConstruction Industry:\nAND WHEREAS an object of the Association is to\nsupport, encourage and maintain a practical system\nof apprenticeship combined with technical\neducation:\nAND WHEREAS the Association seeks to borrow\nmoneys to implement a scheme which will enable\nit to employ apprentices:\nAND WHEREAS the Association will be able to\nborrow the moneys required to defray the cost of\nthe scheme if the repayment of the moneys is\nguaranteed by the Government of Victoria:\nAND WHEREAS it is expedient to make provision\nas hereinafter enacted:\n\nVictorian Legislation and Parliamentary DocumentsAct No. 9350/1979\nMaster Builders' Association of Victoria (Guarantee) Act 1979\n2\nBE IT THEREFORE ENACTED by the Queen's Most\nExcellent Majesty by and with the advice and consent of the\nLegislative Council and the Legislative Assembly of Victoria\nin this present Parliament assembled and by the authority of\nthe same as follows (that is to say):\n1. Short title and commencement\n(1) This Act may be cited as the Master Builders'\nAssociation of Victoria (Guarantee) Act 1979.\n(2) This Act shall come into operation on the day on\nwhich it receives the Royal Assent.\n2. Power of Treasurer to execute guarantees\n(1) Subject to this section the Treasurer of Victoria\nmay execute a guarantee in favour of any person\nor body guaranteeing the repayment of a loan to\nbe made by that person or body to the\nAssociation.\n(2) A guarantee by the Treasurer pursuant to sub-\nsection (1) shall be executed only in respect of a\nloan—\n(a) for the implementation of a scheme approved\nby the Treasurer to enable the employment\nof apprentices;\n(b) the terms and conditions of which have been\napproved by the Treasurer; and\n(c) which does not exceed the amount currently\nset by the Treasurer as the maximum amount\nof such a loan.\n(3) The following provisions shall apply to and with\nrespect to a guarantee under this Act—\n(a) the guarantee may include any interest\ncharges and expenses chargeable by the\ncreditor against the Association and the\nexpenses of enforcing or obtaining or\ns. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 9350/1979\nMaster Builders' Association of Victoria (Guarantee) Act 1979\n3\nendeavouring to enforce or obtain payment\nof the amount guaranteed and those interest\ncharges and expenses;\n(b) the creditor shall, if required to do so by the\nTreasurer, obtain take and hold or retain and\nhold securities of such a nature as the\nTreasurer may require for the payment of the\namount guaranteed;\n(c) the guarantee shall not be enforceable\nagainst the Treasurer unless and until the\ncreditor has exercised his rights and\nremedies under all securities held by or for\nhim in respect of the amount borrowed to the\nsatisfaction of the Treasurer;\n(d) the creditor shall not without the consent in\nwriting of the Treasurer assign or encumber\nthe benefit of the guarantee;\n(e) the guarantee shall be in such form and shall\nbe subject to such other terms and conditions\nas the Treasurer thinks fit.\n3. Appropriation\nAll sums that may from time to time become due\nand payable by the Treasurer under any guarantee\nauthorized by this Act shall be paid out of the\nConsolidated Fund (which is hereby to the\nnecessary extent appropriated accordingly).\n═══════════════\ns. 3\n\nVictorian Legislation and Parliamentary DocumentsAct No. 9350/1979\nMaster Builders' Association of Victoria (Guarantee) Act 1979\n4\nENDNOTES\n1. General Information\nThe Master Builders' Association of Victoria (Guarantee) Act 1979 was\nassented to on 20 December 1979 and came into operation on 20 December\n1979: section 1(2).\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 9350/1979\nMaster Builders' Association of Victoria (Guarantee) Act 1979\n5\n2. Table of Amendments\nThere are no amendments made to the Master Builders' Association of\nVictoria (Guarantee) Act 1979 by Acts and subordinate instruments.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 9350/1979\nMaster Builders' Association of Victoria (Guarantee) Act 1979\n6\n3. Explanatory Details\nNo entries at date of publication.\nEndnotes","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act remains as originally enacted: it authorises Treasurer guarantees for loans to the Association for apprentice-employment schemes and appropriates payments from the Consolidated Fund (see preamble; ss.1–3). Endnotes state there have been no amendments to the Act."},"complexity_factors":["Broad Treasurer discretion to approve schemes and loan terms (s.2(1) and s.2(2)(b)).","Treasurer authority to set a maximum loan amount (s.2(2)(c)) — the cap is administratively determined, not fixed in the Act.","Requirement that creditors obtain, take or retain securities as the Treasurer may require (s.2(3)(b)) — creates negotiation and compliance burdens for lenders.","Guarantee not enforceable against the Treasurer until creditor has exhausted rights under securities to the Treasurer's satisfaction (s.2(3)(c)) — adds a creditor-step and discretionary satisfaction test before payment.","Guarantee may cover interest, creditor expenses and enforcement costs (s.2(3)(a)) — potential added fiscal exposure.","Prohibition on assignment or encumbrance of the guarantee without Treasurer's written consent (s.2(3)(d)) — limits secondary market transferability for lenders.","Guarantee form and additional terms left to Treasurer's choice (s.2(3)(e)) — further administrative discretion.","All payments under guarantees to be met from the Consolidated Fund (s.3) — clearly identifies taxpayers as ultimate payers.","Statute is very short and contains no reporting, expiry, or oversight requirements — few procedural safeguards or transparency mechanisms in the text."],"plain_english_summary":"Mechanically, the Act authorises the Treasurer of Victoria to guarantee loans (up to a Treasurer-set maximum) made to the Master Builders' Association of Victoria to implement an apprentice-employment scheme, and requires any payments under those guarantees to be met from the Consolidated Fund. It affects the Association, its lenders and Victorian taxpayers: the government states the guarantee enables borrowing for apprenticeships; the Treasurer determines approval, terms, securities and enforcement conditions, and taxpayers bear the cost if guarantees are called."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: enabling government guarantees for loans to support the Master Builders' Association's apprenticeship schemes. The scope has not expanded beyond this specific industry support mechanism since enactment in 1979."},"complexity_factors":["Only 3 operative sections (sections 1-3)","No defined terms section—only one defined term ('the Association') appearing in the preamble","Minimal cross-referencing (only internal references to subsections)","Straightforward conditional structure: single purpose (apprenticeship schemes) with three approval requirements in section 2(2)","Standard guarantee conditions in section 2(3) presented as a simple list without nested logic","No amendments since enactment in 1979","Total length approximately 3 pages including preamble and endnotes"],"plain_english_summary":"This law lets the Victorian Treasurer act as a guarantor (a financial backer) for loans taken out by the Master Builders' Association of Victoria.\n\n**What it does:**\n- **Authorises government backing**: The Treasurer can sign legal guarantees promising that the government will repay loans if the Master Builders' Association can't.\n- **Purpose**: The loans must be used to run apprenticeship schemes—programs that employ and train apprentices in the building industry.\n- **Conditions apply**: The Treasurer must approve the specific apprenticeship scheme, the loan terms, and set a maximum loan amount. The guarantee can also cover interest and enforcement costs.\n- **Protections for the government**: Before the government pays out under a guarantee, the lender must first try to recover the money from any securities (assets pledged as collateral) held against the loan. The lender also can't transfer the guarantee to someone else without the Treasurer's written permission.\n- **Funding source**: Any money the government has to pay under these guarantees comes from the Consolidated Fund (Victoria's main government bank account).\n\n**Who it affects:**\n- The Master Builders' Association of Victoria (the borrower)\n- Banks or other lenders providing loans to the Association\n- Apprentices in the building industry (indirectly, through funded employment schemes)\n- Victorian taxpayers (who ultimately back the guarantees)\n\n**Why it matters:**\nThis legislation supports vocational training in the construction sector by making it easier for the Master Builders' Association to borrow money for apprenticeship programs. Without the government guarantee, lenders might be unwilling to provide loans, or would charge higher interest rates. The Act balances support for industry training with safeguards to protect public money."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"There is insufficient text available to assess whether the scope of the Act changed from its original intent. The Act appears to remain in force in its original form based on the version history provided, but no amendments or scope changes can be confirmed or denied from the available information."},"complexity_factors":["Insufficient legislative text provided — only the title and version metadata are visible, making substantive analysis impossible","Government guarantee legislation can involve complex financial and contractual obligations not apparent from the title alone","Historical legislation from 1979 may reference institutions or frameworks no longer in common use","Intersection of public law (government guarantee) and private association law adds a layer of complexity","Short, single-purpose Acts are generally simpler in structure, which keeps the score low despite the information gap"],"plain_english_summary":"The Act records a Victorian Government guarantee backing certain financial obligations of the Master Builders’ Association of Victoria, effectively shifting some risk from the industry body to the public purse. It matters to MBA members, parties who dealt with the Association, and taxpayers who could be liable if commitments are called.\n\nNote: the visible text is limited, so specific terms, amounts and conditions are not available."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/master-builders-association-of-victoria-guarantee-act-1979","history":"/api/acts/master-builders-association-of-victoria-guarantee-act-1979/history","analysis":"/api/acts/master-builders-association-of-victoria-guarantee-act-1979/analysis","conflicts":"/api/acts/master-builders-association-of-victoria-guarantee-act-1979/conflicts","importantCases":"/api/acts/master-builders-association-of-victoria-guarantee-act-1979/important-cases","documents":"/api/acts/master-builders-association-of-victoria-guarantee-act-1979/documents"}}