137AInsurance for domestic building work

137A Insurance for domestic building work (1) Without limiting section 135, if an order under that section requires a builder to be covered by insurance relating to the carrying out of domestic building work, the insurance required by the order may, subject to any exemptions or exclusions set out in the order, relate to losses resulting from— S. 137A(1)(a) amended by No. 52/1998 s. 311(Sch. 1 item 10.4). (a) breaches of warranties implied into the major domestic building contract for that work under the **Domestic Building Contracts Act 1995**; (b) domestic building work which is defective within the meaning of that Act; (c) non-completion of the domestic building work; S. 137A(1)(d) amended by Nos 17/1999 s. 22(1), 72/2010 s. 48(Sch. item 2(1)). (d) conduct by the builder in connection with the major domestic building contract for that work which contravenes section 18, 29, 34 or 151, or Subdivision B of Division 1 of Part 3-2, of the Australian Consumer Law (Victoria). (2) An order under section 135 may require insurance cover of a kind referred to in— (a) subsection (1)(a) to extend to each person who is or may become entitled to the benefit of any of those warranties; or (b) subsection (1)(b) to extend to any person on whose behalf the domestic building work is being carried out and to the owner for the time being of the building or land in respect of which the building work was being carried out. S. 137A(2A) inserted by No. 4/2024 s. 9(2). (2A) An order under section 135 may require a builder to be covered by insurance relating to the carrying out of domestic building work only in the circumstances specified in the order including if the cost of carrying out the domestic building work will exceed an amount of money specified in the order. S. 137A(3) inserted by No. 26/2001 s. 9(1), repealed by No. 21/2017 s. 100(1). S. 137A(3) inserted by No. 17/1999 s. 22(2), renumbered as s. 137A(4) by No. 11/2002 s. 3(Sch. 1 item 6.2), substituted by No. 72/2010 s. 48(Sch. item 2(2)). (4) A reference— (a) in any order made under section 135; or (b) in any instrument or agreement which is required insurance— to "section 9, 11 or 12 of the **Fair Trading Act 1999**" is, to the extent that it relates to any period on or after the commencement of section 8 of the **Fair Trading Amendment (Australian Consumer Law) Act 2010**, taken to include a reference to "section 18, 29, 34 or 151 of the Australian Consumer Law (Victoria)". S. 137B inserted by No. 91/1995 s. 142.