sch.6-sec.2Definitions

### sch.6-sec.2 Definitions In this schedule— built work means a structure or part of a structure, or another thing, resulting from residential construction work. defective work see section 14 . defined event means— vandalism or forcible removal of built work; or fire, storm or tempest. ends , for a fixed price residential contract, see section 4 . fire means a fire or explosion other than the following— a fire or explosion with no flame; a fire that has not escaped the normal confines of a cooking, heating or electrical appliance; a fire or explosion caused by— spontaneous fermentation or heating or a process involving the application of heat; or earthquake or subterranean fire; or riot, civil commotion, war, invasion, act of foreign enemy, a terrorist act, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection or military or usurped power; or arson, vandalism or forcible removal of built work or another unlawful act; an explosion that results in built work being damaged from exposure to water or another liquid, including, for example, petrol or oil but not including water from a pipe damaged by the explosion or water used to extinguish a fire. fixed price residential contract see section 3 . forcible removal , of built work— means the removal by force of built work that is fixed by a person— acting without the consent of the consumer for the residential construction work; and who is not the invitee of the consumer; but does not include the removal of the built work as a result of a terrorist act. incomplete work provisions means— section 7 ; or section 9 ; or section 10 , to the extent it applies to a claim for a defined event that is vandalism or forcible removal of built work; or section 15 ; or section 20 . insolvent includes external administration, including, for example, liquidation, receivership or compromise entered into with creditors, under the Corporations Act or a similar law of a foreign jurisdiction. interest schedule lot entitlement see the Body Corporate and Community Management Act 1997 , section 46 . liability amount , for a consumer for residential construction work— means the amount of the consumer’s remaining liability under— if the contract for carrying out the work has ended—the contract immediately before the contract ended; or otherwise—the contract for carrying out the work; but does not include— any amount for liquidated damages or damages for delay that the consumer may be entitled to set-off against the remaining liability; or an amount for which the licensed contractor who carried out the work has waived payment for valuable consideration, or is liable to the consumer in relation to the contract. licensed contractor includes a building contractor who, at or before the time a contract for the carrying out of residential construction work is entered into, makes a representation mentioned in section 68H (1) (b) of the Act . lot see the Body Corporate and Community Management Act 1997 , schedule 6 . prime cost item , for a fixed price residential contract, means an item, including, for example, a fixture or fitting— that has not been selected, or the price of which is not known, by the consumer or the licensed contractor when the contract is entered into; and for which the contract provides for the licensed contractor to make a reasonable allowance for the cost of its supply and delivery. provisional sum , for a fixed price residential contract, means an amount that is an estimate of the cost of providing particular services under the contract (including the cost of supplying materials needed for the work under the contract) if the licensed contractor, after making all reasonable inquiries, can not state a definite amount for the services when the contract is entered into. rectification work see section 15 (1) . reinstatement work see section 10 (2) . storm does not include the following— heavy or persistent rain by itself; water rising up from the ground, including from natural causes; an increase in sea level, including a tsunami or other storm surge. structural defect , for primary insurable work, means— if the work is for a residence or related roofed building— a defect in the work that causes or contributes to deflection or movement of the footing or slab of the residence or building so the residence or building no longer complies with the building assessment provisions under the Building Act 1975 ; or the work does not comply with a performance requirement under the Building Code of Australia, part B1 or part 2.1 for the residence or building; or a defect in the work that causes the residence or building to be uninhabitable or not reasonably accessible; or if the work is for a swimming pool—a defect in the work that allows water to escape through the shell of the swimming pool; or if the work is on or for a residence, related roofed building or swimming pool—a defect in the work that adversely affects the health or safety of persons who occupy or use the residence, building or swimming pool; or if the work is on or for a residence or related roofed building—a defect in the work that allows water penetration of the residence or building. substantially complete , for residential construction work, means at least 1 of the following applies in relation to the work— the final payment under the contract for the work is made; if the residential construction work is for the erection or construction of a residence—the residence is occupied; the built work is able to be used for its intended purpose despite the work not complying with the contract because of a cosmetic difference. terrorist act see the Police Powers and Responsibilities Act 2000 , section 211 . vandalism , of built work— means vandalism of the work by a person— acting without the consent of the consumer for the residential construction work; and who is not the invitee of the consumer; but does not include vandalism of built work as a result of a terrorist act. - (a) vandalism or forcible removal of built work; or - (b) fire, storm or tempest. - (a) a fire or explosion with no flame; - (b) a fire that has not escaped the normal confines of a cooking, heating or electrical appliance; - (c) a fire or explosion caused by— (i) spontaneous fermentation or heating or a process involving the application of heat; or (ii) earthquake or subterranean fire; or (iii) riot, civil commotion, war, invasion, act of foreign enemy, a terrorist act, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection or military or usurped power; or (iv) arson, vandalism or forcible removal of built work or another unlawful act; - (i) spontaneous fermentation or heating or a process involving the application of heat; or - (ii) earthquake or subterranean fire; or - (iii) riot, civil commotion, war, invasion, act of foreign enemy, a terrorist act, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection or military or usurped power; or - (iv) arson, vandalism or forcible removal of built work or another unlawful act; - (d) an explosion that results in built work being damaged from exposure to water or another liquid, including, for example, petrol or oil but not including water from a pipe damaged by the explosion or water used to extinguish a fire. - (i) spontaneous fermentation or heating or a process involving the application of heat; or - (ii) earthquake or subterranean fire; or - (iii) riot, civil commotion, war, invasion, act of foreign enemy, a terrorist act, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection or military or usurped power; or - (iv) arson, vandalism or forcible removal of built work or another unlawful act; - (a) means the removal by force of built work that is fixed by a person— (i) acting without the consent of the consumer for the residential construction work; and (ii) who is not the invitee of the consumer; but - (i) acting without the consent of the consumer for the residential construction work; and - (ii) who is not the invitee of the consumer; but - (b) does not include the removal of the built work as a result of a terrorist act. - (i) acting without the consent of the consumer for the residential construction work; and - (ii) who is not the invitee of the consumer; but - (a) section 7 ; or - (b) section 9 ; or - (c) section 10 , to the extent it applies to a claim for a defined event that is vandalism or forcible removal of built work; or - (d) section 15 ; or - (e) section 20 . - (a) means the amount of the consumer’s remaining liability under— (i) if the contract for carrying out the work has ended—the contract immediately before the contract ended; or (ii) otherwise—the contract for carrying out the work; but - (i) if the contract for carrying out the work has ended—the contract immediately before the contract ended; or - (ii) otherwise—the contract for carrying out the work; but - (b) does not include— (i) any amount for liquidated damages or damages for delay that the consumer may be entitled to set-off against the remaining liability; or (ii) an amount for which the licensed contractor who carried out the work has waived payment for valuable consideration, or is liable to the consumer in relation to the contract. - (i) any amount for liquidated damages or damages for delay that the consumer may be entitled to set-off against the remaining liability; or - (ii) an amount for which the licensed contractor who carried out the work has waived payment for valuable consideration, or is liable to the consumer in relation to the contract. - (i) if the contract for carrying out the work has ended—the contract immediately before the contract ended; or - (ii) otherwise—the contract for carrying out the work; but - (i) any amount for liquidated damages or damages for delay that the consumer may be entitled to set-off against the remaining liability; or - (ii) an amount for which the licensed contractor who carried out the work has waived payment for valuable consideration, or is liable to the consumer in relation to the contract. - (a) that has not been selected, or the price of which is not known, by the consumer or the licensed contractor when the contract is entered into; and - (b) for which the contract provides for the licensed contractor to make a reasonable allowance for the cost of its supply and delivery. - (a) heavy or persistent rain by itself; - (b) water rising up from the ground, including from natural causes; - (c) an increase in sea level, including a tsunami or other storm surge. - (a) if the work is for a residence or related roofed building— (i) a defect in the work that causes or contributes to deflection or movement of the footing or slab of the residence or building so the residence or building no longer complies with the building assessment provisions under the Building Act 1975 ; or (ii) the work does not comply with a performance requirement under the Building Code of Australia, part B1 or part 2.1 for the residence or building; or (iii) a defect in the work that causes the residence or building to be uninhabitable or not reasonably accessible; or - (i) a defect in the work that causes or contributes to deflection or movement of the footing or slab of the residence or building so the residence or building no longer complies with the building assessment provisions under the Building Act 1975 ; or - (ii) the work does not comply with a performance requirement under the Building Code of Australia, part B1 or part 2.1 for the residence or building; or - (iii) a defect in the work that causes the residence or building to be uninhabitable or not reasonably accessible; or - (b) if the work is for a swimming pool—a defect in the work that allows water to escape through the shell of the swimming pool; or - (c) if the work is on or for a residence, related roofed building or swimming pool—a defect in the work that adversely affects the health or safety of persons who occupy or use the residence, building or swimming pool; or - (d) if the work is on or for a residence or related roofed building—a defect in the work that allows water penetration of the residence or building. - (i) a defect in the work that causes or contributes to deflection or movement of the footing or slab of the residence or building so the residence or building no longer complies with the building assessment provisions under the Building Act 1975 ; or - (ii) the work does not comply with a performance requirement under the Building Code of Australia, part B1 or part 2.1 for the residence or building; or - (iii) a defect in the work that causes the residence or building to be uninhabitable or not reasonably accessible; or - (a) the final payment under the contract for the work is made; - (b) if the residential construction work is for the erection or construction of a residence—the residence is occupied; - (c) the built work is able to be used for its intended purpose despite the work not complying with the contract because of a cosmetic difference. - (a) means vandalism of the work by a person— (i) acting without the consent of the consumer for the residential construction work; and (ii) who is not the invitee of the consumer; but - (i) acting without the consent of the consumer for the residential construction work; and - (ii) who is not the invitee of the consumer; but - (b) does not include vandalism of built work as a result of a terrorist act. - (i) acting without the consent of the consumer for the residential construction work; and - (ii) who is not the invitee of the consumer; but