Australian Capital Territory Numbered Acts

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BUILDING ACT 2004 (NO. 11 OF 2004) - SECT 79

Action by registrar on unauthorised use of premises

    (1)     In this section:

"building occupancy offence section" means any of the following sections:

              •     section 76 (Occupation and use of buildings);

              •     section 77 (Use of restricted buildings);

              •     section 78 (Occupation and use of ex-government buildings).

    (2)     This section applies if, after being convicted for an offence against a building occupancy offence section, a person continues to use or continues to allow someone else to use a building or a part of a building in contravention of the section for an offence against which the person has been convicted.

    (3)     The construction occupations registrar may, by written notice to the occupier or to the person allowing the occupation (or both)—

        (a)     for a conviction for an offence against section 76—require the building to be vacated within the period stated in the notice; or

        (b)     for a conviction for an offence against section 77 or section 78—require the occupation or use of the building or the part of the building in contravention of that section to stop within the period stated in the notice.

    (4)     A person to whom a notice under subsection (3) is given must not fail to comply with the notice.

    (5)     A person who contravenes subsection (4) commits an offence, in relation to each day the person contravenes the subsection (including any day when the person is convicted of an offence).

Maximum penalty: 50 penalty units.

    (6)     An offence against subsection (5) is a strict liability offence.

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