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Domestic Building Contracts Act 1995
49GPayment out of Domestic Building Dispute Resolution Victoria Trust Fund
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49G Payment out of Domestic Building Dispute Resolution Victoria Trust Fund
S. 49G(1) amended by No. 17/2025 s. 15.
(1) The Authority may pay out of the Domestic Building Dispute Resolution Victoria Trust Fund an amount paid into the Fund in compliance with a dispute resolution order.
S. 49G(2) amended by No. 17/2025 s. 15.
(2) In determining whether a dispute resolution order or part of an order has been complied with, the Authority may rely on a statement by the party who paid the amount into the Fund that the dispute resolution order or the part of the order has been complied with.
S. 49G(3) amended by No. 17/2025 s. 15.
(3) If the Authority proposes to pay an amount out of the Fund in accordance with subsection (1), the Authority must give written notice to the parties to the domestic building work dispute of the intention to pay the amount out of the Fund.
(4) The notice must state that a party to the domestic building work dispute may apply to VCAT within 10 business days after receiving the notice for review of the decision to pay the amount out of the Fund.
(5) The party to the dispute who paid the money into the Fund may give written consent to the payment of the amount out of the Fund to the other party to the dispute or a person authorised by the other party.
S. 49G(6) amended by No. 17/2025 s. 15.
(6) The Authority must pay the amount out of the Fund on the first of the following to occur—
S. 49G(6)(a) amended by No. 17/2025 s. 15.
(a) the receipt by the Authority of the written consent under subsection (5);
(b) the end of the prescribed period.
(7) In this section—
***prescribed period*** means the later of—
(a) the period for making an application for review of the decision to pay the amount from the Fund; or
(b) if an application for review is made, the period until a determination is made affirming that decision.