Australian Capital Territory Numbered Acts

BUILDING AND CONSTRUCTION LEGISLATION AMENDMENT ACT 2016 (NO. 44 OF 2016) - SECT 60

Section 35 (3), example, except note

substitute

Examples

1     The registrar issues a notice of intention to issue a rectification order to a licensee for completed work. The submission from the licensee claims that the work was completed 11 years ago but does not provide any evidence to satisfy the registrar that the act that caused the contravention to happen ended 11 years ago. The registrar may issue the rectification order to the licensee.

2     A licensee undertook work that did not comply with the required technical standards 13 years previously without obtaining or providing a required certification. The licensee did not bring the work into compliance with the relevant certification until 4 years after the work was complete. The registrar is not satisfied that the act that caused the contravention ended over 10 years ago and may issue the rectification order to the licensee.

3     The registrar receives a submission from a licensee who was issued with a notice of intention to issue a rectification order. The submission includes verifiable information that demonstrates the relevant work was completed 10 years and 2 months prior to the date the registrar intends to issue the rectification order. The registrar may not make the order.