BUILDING ACT 1975 - SECT 246AG
Show cause notice procedure and decision
BUILDING ACT 1975 - SECT 246AG
Show cause notice procedure and decision
246AG Show cause notice procedure and decision
(1) The local government
must, before cancelling the pool safety certificate under section 246AF(2) ,
give the owner of the regulated pool a notice (a
"show cause notice" ).
(2) The show cause notice must state each of the
following—
(a) that the local government proposes cancelling the pool safety
certificate for the pool;
(b) the grounds for cancelling the pool safety
certificate;
(c) the facts and circumstances forming the basis for the
grounds;
(d) that the owner of the pool may, within a stated period (the
"show cause period" ), make submissions about why the pool safety certificate
should not be cancelled.
(3) The show cause period must end at least 10
business days after the owner is given the show cause notice.
(4) The owner
may, within the show cause period, make submissions to the local government
about the show cause notice.
(5) The local government must—
(a) consider
the submissions; and
(b) decide whether to cancel the pool safety certificate
for the pool.
(6) If the local government decides not to cancel the pool
safety certificate, it must give the owner notice of the decision.
(7) If the
local government decides to cancel the pool safety certificate, it must give
the owner an information notice about the decision.
(8) A decision to cancel
the pool safety certificate takes effect at the end of 10 business days after
the information notice is given unless the owner sooner appeals the decision.
(9) If the owner appeals the decision to cancel the pool safety certificate,
the decision is stayed until—
