Australian Capital Territory Numbered Acts

BUILDING ACT 2004 (NO. 11 OF 2004) - SECT 105

    (1)     This section applies if the planning and land authority is satisfied on reasonable grounds that an approved scheme—

        (a)     is contravening a provision of the prudential standards; or

        (b)     is likely to contravene a provision of the prudential standards in a way that is likely to give rise to prudential risk.

    (2)     The planning and land authority may, by written notice given to the trustees of the approved scheme, require the trustees to comply with a provision of the prudential standards within a stated time.

    (3)     The trustees must comply with the notice despite anything in the trust deed or in any contract or arrangement to which they are a party.

    (4)     The trustees of an approved scheme each commit an offence if the trustees fail to comply with a notice given to the trustees under this section.

Maximum penalty: 60 penalty units.

    (5)     An offence against this section is a strict liability offence.