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BUILDING ACT 1993 - SECT 253 Powers of court if requirement of authorised person not complied with

BUILDING ACT 1993 - SECT 253

Powers of court if requirement of authorised person not complied with

    (1)     Subject to subsection (2), if an authorised person is satisfied that a person has failed, without reasonable excuse, to comply with a requirement under section 227G(1) , 228D(6)(c), 228E(4)(e), 228I(2), 228J(4)(a)(i) or 229, the authorised person may apply to a court for an order directing the person to comply with the requirement.

    (2)     The authorised person must not make an application under subsection (1) if the person to whom the failure relates has been charged with an offence against section 229F.

    (3)     On an application under subsection (1), the court may—

        (a)     order the person to comply with the requirement within a period specified in the order; and

        (b)     make any other orders it considers appropriate.

    (4)     If a proceeding is brought under this section in relation to a failure to comply with a requirement, a person to whom the failure relates cannot be charged with an offence under section 229F in relation to that failure.

Division 5—Building infringements