Power to require building documents
21 Power to require building documents
A government certifier appointed for building work may, by written notice, require the entity that was the certifier (or last certifier) for the building work to give the government certifier any building document the entity has in relation to the work within the period stated in the notice.
The period stated in the notice must not be less than 2 weeks after the day the notice is given.
A person commits an offence if the person contravenes a notice given to the person under subsection (1).
Maximum penalty: 50 penalty units.
Each partner commits an offence if the partnership contravenes a notice given to the partnership under subsection (1).
Maximum penalty: 50 penalty units.
It is a defence to a prosecution for an offence against subsection (4) if the partner proves—
that—
the partner did not know about the contravention of the subsection involved in the offence; and
the partner took reasonable precautions and exercised appropriate diligence to avoid the contravention; or
that the partner was not in a position to influence the partnership in relation to the conduct involved in the contravention.
An offence against subsection (3) or (4) is a strict liability offence.
In this section:
building document means a document mentioned in section 48 (3) (Completion of building work).
This Act’s bill:Explanatory statementSecond reading speech
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