sch.1-sec.97Preservation of effect of particular tribunal decisions

### sch.1-sec.97 Preservation of effect of particular tribunal decisions This section applies if, before the commencement— a person entered into a non-compliant arrangement for the carrying out of residential construction work; and the tribunal made any of the following decisions, declarations or orders (each an affirmative tribunal decision )— a review decision or binding declaration that— was consistent with a rectification decision relating to the work; or confirmed a termination decision relating to the work; an order under section 93 (2) of the Act for the payment of an amount under section 71 of the Act relating to the work; another decision, declaration or order made on the basis that the non-compliant arrangement was a contract for the carrying out of the work. The rights, interests and liabilities of all persons affected by the affirmative tribunal decision or related action for the decision are the same, and are taken to have always been the same, as they would be or would have been if the non-compliant arrangement had been a contract for the carrying out of the residential construction work under part 5 of the Act . In this section— related action , for an affirmative tribunal decision, means action, or purported action, taken in reliance on the decision. sch 1 s 97 ins 2025 No. 14 s 85S (sch.1-sec.97-ssec.1) This section applies if, before the commencement— a person entered into a non-compliant arrangement for the carrying out of residential construction work; and the tribunal made any of the following decisions, declarations or orders (each an affirmative tribunal decision )— a review decision or binding declaration that— was consistent with a rectification decision relating to the work; or confirmed a termination decision relating to the work; an order under section 93 (2) of the Act for the payment of an amount under section 71 of the Act relating to the work; another decision, declaration or order made on the basis that the non-compliant arrangement was a contract for the carrying out of the work. (sch.1-sec.97-ssec.2) The rights, interests and liabilities of all persons affected by the affirmative tribunal decision or related action for the decision are the same, and are taken to have always been the same, as they would be or would have been if the non-compliant arrangement had been a contract for the carrying out of the residential construction work under part 5 of the Act . (sch.1-sec.97-ssec.3) In this section— related action , for an affirmative tribunal decision, means action, or purported action, taken in reliance on the decision. - (a) a person entered into a non-compliant arrangement for the carrying out of residential construction work; and - (b) the tribunal made any of the following decisions, declarations or orders (each an affirmative tribunal decision )— (i) a review decision or binding declaration that— (A) was consistent with a rectification decision relating to the work; or (B) confirmed a termination decision relating to the work; (ii) an order under section 93 (2) of the Act for the payment of an amount under section 71 of the Act relating to the work; (iii) another decision, declaration or order made on the basis that the non-compliant arrangement was a contract for the carrying out of the work. - (i) a review decision or binding declaration that— (A) was consistent with a rectification decision relating to the work; or (B) confirmed a termination decision relating to the work; - (A) was consistent with a rectification decision relating to the work; or - (B) confirmed a termination decision relating to the work; - (ii) an order under section 93 (2) of the Act for the payment of an amount under section 71 of the Act relating to the work; - (iii) another decision, declaration or order made on the basis that the non-compliant arrangement was a contract for the carrying out of the work. - (i) a review decision or binding declaration that— (A) was consistent with a rectification decision relating to the work; or (B) confirmed a termination decision relating to the work; - (A) was consistent with a rectification decision relating to the work; or - (B) confirmed a termination decision relating to the work; - (ii) an order under section 93 (2) of the Act for the payment of an amount under section 71 of the Act relating to the work; - (iii) another decision, declaration or order made on the basis that the non-compliant arrangement was a contract for the carrying out of the work. - (A) was consistent with a rectification decision relating to the work; or - (B) confirmed a termination decision relating to the work;