Australian Capital Territory Repealed Acts

This legislation has been repealed.

BUILDING ACT 1972 (REPEALED) - SECT 38

    (1)     A certifier who receives a notification under section 37A shall, within 7 days of receiving it, notify the building controller in writing of—

        (a)     the name of the person who is to carry out the building work; and

        (b)     the number of that person's licence and whether or not, in the certifier's opinion, the licence authorises the carrying out of the relevant building work.

Note     If a form is approved under s 109 (Approved forms) for a notification, the form must be used.

    (2)     If a certifier receives a notification under section 37A about building work to which part 6 applies, the certifier must, within 7 days after the day the certifier receives the notice—

        (a)     tell the building controller in writing whether or not, in the certifier's opinion—

              (i)     the work is insured under a residential building insurance policy; or

              (ii)     a fidelity certificate has been issued for the work by the trustees of a scheme approved under division 6.4 (Approved fidelity fund schemes); and

        (b)     if the certifier is of the opinion that the work is insured or a fidelity certificate has been issued—give to the building controller particulars of the policy or certificate.

    (3)     A certifier shall not, without reasonable excuse, fail to comply with subsection (1) or (2).

Maximum penalty: 5 penalty units.