38BProhibited conditions—Act, s 89E

38B Prohibited conditions—Act, s 89E (1) This section applies to a residential building work contract for— (a) a new class 1 building; or (b) an alteration to, or demolition of, an existing class 1 or class 2 (c) a class 10 building that provides structural support, or is a structurally integral adjunct, to a new class 1 building or an existing class 1 or class 2 building. (2) However, this section does not apply to a residential building work contract entered into before the commencement of this section. (3) A condition in a residential building work contract that allows a person, other than the owner of the land where the work is to be carried out under the contract, to do any of the following is prescribed as a prohibited condition: (a) to appoint or revoke the appointment of an eligible entity as a certifier for the work; (b) to act as the agent of the owner in dealing with a certifier appointed for the work.