NSWIn ForceAct
Home Building Act 1989
103MAssignment of rights
Start here
Get a plain-English read of 103M
Turn the raw legal text into a practical explanation grounded in Home Building Act 1989.
#### 103M Assignment of rights
103M Assignment of rights
> > (1) Where the Authority pays an amount to a beneficiary (or a person nominated by a beneficiary) under the indemnity provided by this Division, the beneficiary is taken to have assigned the beneficiary’s rights in respect of the matter covered by the indemnity to the Authority.
>
> > (2) The Authority may enforce the rights assigned to it under this section as if those rights had been personally assigned by the beneficiary.
>
> > (3) The regulations may make provision for or with respect to assignments of beneficiaries’ rights under this section, including, but not limited to, provisions relating to—
> >
> > > (a) the nature and extent of the assignment, and
> >
> > > (b) the enforcement of the assignment by the Authority.
>
> > (4) A reference in this section to the assignment of a beneficiary’s rights includes a reference to the assignment of any rights that the beneficiary may have, in respect of the matter covered by the indemnity, against a developer or any other person.
>
> **s 103M:** Ins 2001 No 41, Sch 2 \[1\]. Am 2002 No 17, Sch 3.1 \[3\]; 2017 No 28, Sch 1 \[48\] \[49\]; 2024 No 53, Sch 2.2\[4\] \[5\].