34Restrictions affecting right of withdrawal in cooling-off period

34 Restrictions affecting right of withdrawal in cooling-off period

(1)  In this section –

formal legal advice means independent advice –

(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;

practising legal practitioner means an Australian legal practitioner 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 residential building work contracts.

(2)  This section applies despite section 33 .

(3)  An owner may not withdraw from a residential building work contract (the current contract) under section 33 if –

(a) the owner and building contractor previously entered into a residential building work 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 residential building or land.

(4)  Also, an owner may not withdraw from a residential building work contract under section 33 if –

(a) before entering into the contract, the owner received formal legal advice about the contract; or

(b) when, or after, the contract is entered into, the owner tells the building contractor that the owner received formal legal advice about the contract before entering into the contract.