Queensland Consolidated Acts

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BUILDING ACT 1975 - SECT 48

48 Functions of private certifier (class A)

(1) A private certifier (class A) may--

(a) receive and assess a building development application; and
(b) decide the application and grant or refuse the building development approval applied for as if the certifier were the person, who, under IPA, section 3.1.7, is the assessment manager; and
(c) decide whether enforcement action under this Act or IPA 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 IPA, chapter 4, part 3, divisions 2 and 3, a reference to an assessing authority includes a reference to a private certifier (class A) performing functions under subsection (1)(c).

(3) For section 248, a reference to a local government includes a reference to a private certifier (class A) performing functions under subsection (1)(c).

(4) However, subsection (1)(c), (2) and (3) apply only until the giving of a final inspection certificate for the building work or a certificate of classification for the building.

(5) To remove any doubt, it is declared that subsection (1)(c), (2) and (3) do not limit the local government's functions or powers under this Act or IPA, chapter 4, part 3, divisions 2 and 3.

(6) If--

(a) under this section a private certifier (class A) gives a person an enforcement notice under this Act or IPA; and
(b) the person does not comply with the notice;

the certifier must ensure the local government is given notice of that fact.

Note--
See also section 132.


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