sch.1B-sec.36Restrictions affecting right of withdrawal in cooling-off period

### sch.1B-sec.36 Restrictions affecting right of withdrawal in cooling-off period This section applies despite schedule section 35 . A building owner may not withdraw from a regulated contract (the current contract ) under schedule section 35 if— the building owner and building contractor previously entered into a regulated contract (the previous contract ); and the terms of the previous contract and current contract are substantially the same; and the contracted services for the previous contract and current contract— are substantially the same; and relate to the same detached dwelling, home or land. Also, a building owner may not withdraw from a regulated contract under schedule section 35 if— before entering into the contract, the building owner received formal legal advice about the contract; or when, or after, the contract is entered into, the building owner tells the building contractor that the building owner received formal legal advice about the contract before entering into the contract. In this section— formal legal advice means independent advice— given by a practising legal practitioner; and for the giving of which an amount is paid, or is payable, to the legal practitioner by the person to whom the advice is given. practising legal practitioner means a lawyer authorised under a law of the State to practise as a lawyer for purposes including the giving, for reward, of advice, including, for example, advice about domestic building contracts. sch 1B s 36 ins 2014 No. 57 s 60 (sch.1B-sec.36-ssec.1) This section applies despite schedule section 35 . (sch.1B-sec.36-ssec.2) A building owner may not withdraw from a regulated contract (the current contract ) under schedule section 35 if— the building owner and building contractor previously entered into a regulated contract (the previous contract ); and the terms of the previous contract and current contract are substantially the same; and the contracted services for the previous contract and current contract— are substantially the same; and relate to the same detached dwelling, home or land. (sch.1B-sec.36-ssec.3) Also, a building owner may not withdraw from a regulated contract under schedule section 35 if— before entering into the contract, the building owner received formal legal advice about the contract; or when, or after, the contract is entered into, the building owner tells the building contractor that the building owner received formal legal advice about the contract before entering into the contract. (sch.1B-sec.36-ssec.4) In this section— formal legal advice means independent advice— given by a practising legal practitioner; and for the giving of which an amount is paid, or is payable, to the legal practitioner by the person to whom the advice is given. practising legal practitioner means a lawyer authorised under a law of the State to practise as a lawyer for purposes including the giving, for reward, of advice, including, for example, advice about domestic building contracts. - (a) the building owner and building contractor previously entered into a regulated contract (the previous contract ); and - (b) the terms of the previous contract and current contract are substantially the same; and - (c) the contracted services for the previous contract and current contract— (i) are substantially the same; and (ii) relate to the same detached dwelling, home or land. - (i) are substantially the same; and - (ii) relate to the same detached dwelling, home or land. - (i) are substantially the same; and - (ii) relate to the same detached dwelling, home or land. - (a) before entering into the contract, the building owner received formal legal advice about the contract; or - (b) when, or after, the contract is entered into, the building owner tells the building contractor that the building owner received formal legal advice about the contract before entering into the contract. - (a) given by a practising legal practitioner; and - (b) for the giving of which an amount is paid, or is payable, to the legal practitioner by the person to whom the advice is given.