CONSTRUCTION OCCUPATIONS (LICENSING) ACT 2004 (NO. 12 OF 2004) - SECT 35 When rectification order may be made

CONSTRUCTION OCCUPATIONS (LICENSING) ACT 2004 (NO. 12 OF 2004) - SECT 35

    (1)     This section applies if—

        (a)     the registrar has given an entity (other than the land owner) notice under section 34; and

        (b)     after considering any submissions made within the time mentioned in the notice, the registrar is satisfied—

              (i)     the entity is contravening, or has contravened, this Act or an operational Act; and

              (ii)     it is appropriate to make a rectification order in relation to the entity.

Note 1     If deciding under this section whether it is appropriate to make a rectification order, the registrar must consider the considerations mentioned in s 36.

Note 2     See s 149 for the extended meaning in this section of a contravention of this Act.

    (2)     The registrar may make an order under section 38 (Rectification orders) in relation to the entity.

    (3)     However, the registrar may not make an order under section 38 in relation to the entity if a submission is made that satisfies the registrar that the act that caused the contravention happened, or ended, more than 10 years before the day the registrar proposes to make the order.

Example of contravention

A builder built a house without a building approval. The registrar is satisfied that the building of the house started 12 years ago and finished 9 years ago. The registrar may make a rectification order in relation to the construction service of building the house.

Note     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).