CONSTRUCTION OCCUPATIONS (LICENSING) ACT 2004 (NO. 12 OF 2004) - SECT 34 Intention to make rectification order

CONSTRUCTION OCCUPATIONS (LICENSING) ACT 2004 (NO. 12 OF 2004) - SECT 34

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

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

        (b)     it may be appropriate to make a rectification order.

Examples of licensee or former licensee

1     a licensed builder does building work

2     a drainer who was licensed, does sanitary drainage work while unlicensed

3     a licensed gasfitter does gasfitting work and then becomes unlicensed

Note 1     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.

Note 2     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

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

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

        (b)     explains why the registrar intends to make the order; and

        (c)     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.