(c) decide whether enforcement action under this Act or
the Planning Act ought to be taken for a building development approval granted
by—
(i) the private certifier (class A); or
(ii) another private certifier
(class A) employed by the same private certifier employer when the decision to
take the enforcement action is made.
(2) For section 248, a reference to a
local government includes a reference to a private certifier (class A)
performing functions under subsection (1) (c) .
(3) However, subsections (1)
(c) and (2) apply only until the giving of a final inspection certificate for
the building work or a certificate of occupancy for the building.
(4) Despite
the Planning Act —
(a) a private certifier (class A) is an enforcement
authority for that Act in relation to building work only until a final
inspection certificate for the building work, or a certificate of occupancy
for the building, is given; and
(b) after the final inspection certificate or
certificate of occupancy is given, the local government is the enforcement
authority for that Act in relation to the building work.
(5) To remove any
doubt, it is declared that subsections (1) (c) and (2) do not limit the local
government’s functions or powers under this Act or the Planning Act ,
chapter 5 , part 3 .
(6) Subsection (7) applies if—
(a) under this section
a private certifier (class A) gives a person an enforcement notice under this
Act; or
(b) a private certifier (class A) that is an enforcement authority
under the Planning Act gives a person an enforcement notice under the Planning
Act .
(7) If the person does not comply with the enforcement notice, the
private certifier (class A) must give the local government a notice that the
person has not complied with the enforcement notice.
