New South Wales Consolidated Acts

BUILDING PROFESSIONALS ACT 2005 - SECT 12

12 Suspension of accreditation or imposition of conditions to protect the public

(1) The Board may take action under this section if satisfied that:

(a) the taking of the action is necessary to protect the safety or property of any person, or

(b) an accreditation holder has persistently contravened the provisions of this Act or the Environmental Planning and Assessment Act 1979 or the regulations under those Acts and is likely to continue to do so, or

(c) an accredited certifier has persistently contravened the provisions of the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986 or the regulations under those Acts and is likely to continue to do so.

(1A) The Board may do either or both of the following:

(a) by order suspend the certificate of accreditation of an accreditation holder for such period (not exceeding 8 weeks) as is specified in the order,

(b) by order impose on a certificate of accreditation such conditions as the Board considers appropriate.

(2) The Board may take such action:

(a) whether or not a complaint has been made to the Board about the accreditation holder, and

(b) whether or not proceedings in respect of such a complaint are before the Board or the Tribunal, and

(c) without first giving the accreditation holder concerned an opportunity to make submissions.

(3) If the Board suspends a certificate of accreditation or imposes a condition on a certificate of accreditation under this section:

(a) the Board is to notify the holder of the certificate of accreditation in writing, and

(b) the suspension or condition takes effect on a date specified in the notification, being a date occurring on or after service of the notification on the holder.