96AObligations of developers in relation to insurance

#### 96A Obligations of developers in relation to insurance 96A Obligations of developers in relation to insurance > > (1) A developer must not enter into a contract for the sale of land on which residential building work has been done, or is to be done, on the developer’s behalf unless a certificate of insurance evidencing the contract of insurance required under section 92 by the person who did or does the work for the developer, in a form approved by the Authority, is attached to the contract of sale. > > > > Maximum penalty—1,000 penalty units in the case of a corporation and 200 penalty units in any other case. > > > (1A) A developer must, before entering into a contract, give the other party to the contract a brochure, in a form approved by the Authority, containing information that explains the operation of the contract of insurance, and the procedure for the resolution of disputes under the contract. > > > > Maximum penalty—40 penalty units in the case of a corporation and 20 penalty units in any other case. > > > (2) Despite anything to the contrary in section 3A, a reference in this Part to a person who does residential building work— > > > > > (a) does not include a reference to a developer, and > > > > > (b) includes a reference to a person who does the work on behalf of a developer. > > > (3) Subject to subsection (3A), if a person contravenes subsection (1) in respect of a contract, the contract is voidable at the option of the purchaser before the completion of the contract. > > > (3A) A contract is not voidable as referred to in subsection (3) if— > > > > > (a) the person obtained a certificate of insurance evidencing a contract of insurance that complies with this Act in relation to the residential building work before entering the contract concerned, and > > > > > (b) before completion of the contract, the person served on the purchaser (or an Australian legal practitioner acting on the purchaser’s behalf) a certificate of insurance, in the form approved by the Authority, evidencing that contract of insurance. > > > (4) This section does not apply to a sale of the land more than 6 years after the completion of the work. > > **s 96A:** Ins 2000 No 56, Sch 1 \[4\]. Am 2001 No 51, Sch 6 \[17\] \[18\]; 2002 No 17, Sch 1 \[2\]; 2004 No 101, Schs 4 \[1\] \[3\], 6 \[6\] \[7\]; 2006 No 120, Sch 3.11 \[2\]; 2017 No 28, Sch 1 \[18\]; 2018 No 65, Sch 8.4\[2\].