Disciplinary action by Practitioners Board
34Y Disciplinary action by Practitioners Board
(1) If the Practitioners Board is satisfied that all the circumstances specified in section 34X(1) apply in relation to a residential builder, the Board must decide to take one or more of the following actions:
reprimand the builder;
(b) require the builder to pay to the Territory a civil penalty not exceeding:
if the builder is an individual – 160 penalty units; or
if the builder is a corporation – 800 penalty units;
(c) suspend the builder's registration for a specified period (not exceeding 3 years);
cancel the builder's registration.
Note for subsection (1)(c) and (d)
Sections 34VB and 34W apply if the builder's registration is suspended or cancelled.
(2) In addition, the Practitioners Board may decide to take one or both of the following actions:
(a) require the residential builder to give an undertaking to do, or not to do, a specified thing:
at any time or during any period; or
at a specified time or during a specified period;
(b) direct the Director to audit the builder's work or conduct, or both.
(3) The Practitioners Board must make an entry in the register of building practitioners, maintained under section 16, about an action the Board has taken after making a decision under this section.
(4) A civil penalty imposed under subsection (1)(b) is recoverable as a debt due to the Territory by the residential builder.
(5) To avoid doubt, in satisfying itself for subsection (1) the Practitioners Board is not required to conduct an inquiry as mentioned in Division 3A.
This Act’s bill:Second reading speech
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