sec.67GBParticular conditions void in building contracts

### sec.67GB Particular conditions void in building contracts A building contractor must not enter into a building contract that includes a prohibited condition ( prohibited conditions ) prescribed by regulation. Maximum penalty—80 penalty units. Subsection (1) does not apply to a building contractor who— enters into a building contract as a principal; or enters into a subcontract as the contracted party. A provision of a building contract is of no effect to the extent to which it— is or incorporates a prohibited condition; or may reasonably be construed as an attempt to enforce a prohibited condition. To remove any doubt, it is declared that this section does not apply to a building contract entered into before the commencement of this section but does apply to a provision of the contract included after the commencement to the extent the provision is a prohibited condition. s 67GB ins 2017 No. 43 s 276 (sec.67GB-ssec.1) A building contractor must not enter into a building contract that includes a prohibited condition ( prohibited conditions ) prescribed by regulation. Maximum penalty—80 penalty units. (sec.67GB-ssec.2) Subsection (1) does not apply to a building contractor who— enters into a building contract as a principal; or enters into a subcontract as the contracted party. (sec.67GB-ssec.3) A provision of a building contract is of no effect to the extent to which it— is or incorporates a prohibited condition; or may reasonably be construed as an attempt to enforce a prohibited condition. (sec.67GB-ssec.4) To remove any doubt, it is declared that this section does not apply to a building contract entered into before the commencement of this section but does apply to a provision of the contract included after the commencement to the extent the provision is a prohibited condition. - (a) enters into a building contract as a principal; or - (b) enters into a subcontract as the contracted party. - (a) is or incorporates a prohibited condition; or - (b) may reasonably be construed as an attempt to enforce a prohibited condition.