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s 195

Uncompleted buildings

In force
Part 16Transitional provisions
Division 1Transitional provisions arising from the enactment of the Building Act

195 Uncompleted buildings

(1)

In this section —

order means an order under section 409A(2)(a) of the former provisions.

(2)

An order that was served on an owner of a building before commencement day is, on and from commencement day, to be taken to be a copy of a building order served on that person.

(3)

Section 111 does not apply to an order taken to be a building order under subsection (2).

(4)

Despite the Interpretation Act 1984 section 37(1), section 409A(2)(b) of the former provisions does not apply in relation to an order on or after commencement day, in which case section 118 applies.

(5)

A review under section 409A(3) of the former provisions that was started, but not finalised, before commencement day must be dealt with as if the former provisions had not been amended by Part 15 Division 1, and if the decision to make the order is affirmed or varied on the review —

(a)

the order is to be taken to be a building order on the terms applying to the order or the order on its variation; and

(b)

section 118 applies in relation to non‑compliance with an order made on the review.

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