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DOMESTIC BUILDING CONTRACTS ACT 1995 - SECT 45G Withdrawal of referral or matter referred

DOMESTIC BUILDING CONTRACTS ACT 1995 - SECT 45G

Withdrawal of referral or matter referred

S. 45G(1) amended by No. 48/2018 s. 47.

    (1)     A referring party whose referral, or any matter referred, is accepted under section 45C or 45D may seek to withdraw the referral or any matter referred by giving notice to the chief dispute resolution officer before the dispute is finally dealt with under this Part.

    (2)     The chief dispute resolution officer may—

        (a)     accept the withdrawal; or

        (b)     refuse to accept the withdrawal.

    (3)     Without limiting subsection (2), the chief dispute resolution officer may refuse to accept a withdrawal if the chief dispute resolution officer considers that the dispute has disclosed evidence of a contravention of—

        (a)     this Act or the regulations; or

        (b)     the Building Act 1993 or the regulations under that Act.

    (4)     The chief dispute resolution officer must give written notice to each party to a referred dispute of a decision accepting or refusing a withdrawal under this section within 10 business days after receiving the notice under subsection (1).

    (5)     A certificate of conciliation cannot be issued in respect of a dispute or matter if the chief dispute resolution officer has accepted the withdrawal of the referral of that dispute or matter under this section.

Division 3—Conciliation of domestic building work disputes

S. 46 substituted by No. 15/2016 s. 6.