Construction Occupations (Licensing) Act 2004

This section applies if the registrar believes on reasonable grounds that—

a licensee or former licensee (the entity) has provided a construction service otherwise than in accordance with this Act or an operational Act; and

it may be appropriate to make a rectification order.

If deciding under this section whether it may be appropriate to make a rectification order, the registrar must consider the considerations mentioned in s 36.

The registrar may give the entity, and the land owner in relation to whose land the construction service was provided, a written notice that—

gives details of the rectification order that may be made; and

explains why the registrar intends to make the order; and

invites submissions about the making of the order within the time stated in the notice that is not less than 5 working days after the day the entity or land owner receives the notice; and

states that—

the registrar will not make a rectification order if—

the registrar is not satisfied it is appropriate to make a rectification order in relation to the entity; or

if the registrar accepts a rectification undertaking from the entity—the entity complies with, and does not withdraw, the undertaking; and

if the registrar does not make a rectification order the Territory may authorise someone else to do the things stated in this notice, and the entity will have to pay for the things to be done.

A submission mentioned in subsection (2) (c) may include a rectification undertaking in relation to the construction service mentioned in the written notice.