Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) This section applies if all of the following circumstances apply:
(a) prescribed building work to which section 48C applies has been completed by a director or nominee of a corporation (the responsible builder );
(b) the responsible builder has failed to make a declaration under section 48C(2) solely because of a prescribed event;
(c) the corporation is satisfied the prescribed building work was carried out by the responsible builder in accordance with the building permit granted for the work.
(2) For subsection (1)(c), the corporation must:
(a) take all the steps necessary within a reasonable time and using proper care and diligence, which may include engaging suitably qualified and experienced persons to inspect and give reports about the building work; and
(b) ensure other prescribed certification required for the building work carried out by the responsible builder has been obtained.
(3) As soon as practicable after the corporation has satisfied itself for subsection (1)(c), it must:
(a) give the information it has relied on to a prescribed building contractor who is a director or nominee of the corporation; and
(b) ensure that a declaration is made under subsection (4) and given to a building certifier as required by that subsection.
Penalty: $50 000.
(4) Not later than 14 days after the director or nominee has been given the information under subsection (3), he or she must:
(a) make a declaration mentioned in section 69(1) relating to the prescribed building work completed by the responsible builder; and
(b) include in the declaration details about:
(i) the prescribed event; and
(ii) the way in which the corporation has satisfied itself under subsection (2); and
(c) give the declaration to the building certifier who granted the building permit for the work.
Note for subsection (4)
See section 69(5) in relation to protection from prosecution for criminal liability if the declaration is made in good faith.