BUILDING ACT 2004 - SECT 50 Notification by certifier of contraventions of building and development

BUILDING ACT 2004 - SECT 50

    (1)     A certifier commits an offence if—

        (a)     a contravention of part 3 (Building work) or part 4 (Stop and other notices and demolition orders) or conduct that the certifier reasonably believes may be an offence under section 76 (Occupation and use of buildings), section 77 (Use of buildings restricted) or section 78 (Occupation and use of ex-government buildings), comes to the notice of the certifier; and

        (b)     the certifier does not tell the construction occupations registrar about the contravention or conduct—

              (i)     for a contravention in relation to building work that is fundamentally noncompliant—not later than the next working day after the day the contravention comes to the certifier's attention; or

              (ii)     in any other case—within 21 days after the day the contravention or conduct comes to the certifier's attention.

Maximum penalty: 5 penalty units.

Note     Notice of a contravention given under this section is taken to be a complaint made under the Construction Occupations (Licensing) Act 2004

, s 117.

    (2)     Subsection (1) applies whether or not a notice under section 44 (2) (a) (Stage inspections) has been given in relation to the matter.

    (3)     However, subsection (1) does not apply to a contravention in relation to building work only because the work does not comply with section 42 (Requirements for carrying out building work) if—

        (a)     the building work is not fundamentally noncompliant; and

        (b)     the certifier gives the building licensee in charge of the building work written notice that—

              (i)     the work does not comply with section 42; and

              (ii)     includes directions that are reasonable and appropriate for achieving compliance; and

              (iii)     states the date that the noncompliance came to the certifier's attention; and

        (c)     the certifier is satisfied on reasonable grounds that—

              (i)     the building licensee in charge of the building work has done what is reasonable and appropriate to achieve compliance (even if what is done is not in accordance with the directions in the notice); and

              (ii)     the licensee achieved compliance within 14 days after the date mentioned in paragraph (b) (iii).

Example—s (3)

It comes to a certifier's attention that a builder has done building work above the dampcourse level without a plan or document mentioned in s 43 (2) (a). That contravention of this Act must be reported under s (1). Subsection (3) does not have an effect because the contravention relates to s 43, not s 42.

Note     The certifier has the evidentiary burden of establishing the matters mentioned in s (3) (see Criminal Code

, s 58).

    (4)     A regulation may prescribe when building work is fundamentally noncompliant.

    (5)     An offence against this section is a strict liability offence.