Australian Capital Territory Repealed Acts

This legislation has been repealed.

BUILDING ACT 1972 (REPEALED) - SECT 18

    (1)     The building controller may serve a written notice on the holder of a licence requiring the holder to show cause why a licence should not be varied, suspended or cancelled on any of the following grounds:

        (a)     that the licence has been granted in error or in consequence of a false statement or misleading information given by the holder of the licence;

        (b)     that the holder carried out building work that did not comply with the standards or methods set out in the building code or as approved, or approved and specified, by the building controller and that further building work has not been carried out in accordance with directions given under this Act;

        (c)     that—

              (i)     the holder has; or

              (ii)     a person working under the direction and supervision of the holder has, to the knowledge of the holder;

attempted to deceive the building controller or a building inspector in relation to building work that has been or is being carried out;

        (d)     that—

              (i)     the holder has; or

              (ii)     a person working under the direction and supervision of the holder has, to the knowledge of the holder;

contravened a provision of, or requirement made under, this Act;

        (e)     that the holder or, for a licence issued to a company, a director of the company is no longer a fit and proper person to hold the relevant licence;

        (f)     that, for a licence granted to a company or partnership, the company or partnership has not had, for a period exceeding 21 days, a director or employee, or a partner who holds a builder's licence included in the same class as that held by the company or partnership;

        (g)     that, for a licence granted to a company or partnership, the company or partnership has not, within 7 days after a person nominated by it has ceased to be responsible for the adequate direction and supervision of building work undertaken by it, notified the building controller of that fact;

        (h)     that the holder or, for a licence granted to a company or partnership, the person nominated as responsible for the adequate direction and supervision of building work undertaken by the company or partnership—

              (i)     has failed to exercise due skill, care and diligence in the carrying out of building work undertaken by the holder; or

              (ii)     has failed to exercise adequate direction and supervision of that work.

    (2)     A notice under subsection (1) shall—

        (a)     contain full particulars of the facts or circumstances on which the building controller has formed his or her opinion that the ground or grounds specified in the notice exists or exist; and

        (b)     specify a time not less than 14 days or more than 28 days after the date of the service of the notice within which the holder may show cause to the building controller why his or her licence should not be varied, suspended or cancelled.

    (3)     The holder of a licence may apply, by giving notice of an intention to show cause or otherwise, for an extension of the period within which he or she is required to show cause.

    (4)     An application may be made under subsection (3) notwithstanding that the period the extension of which is sought has ended.

    (5)     On receiving an application under subsection (3), the building controller may extend the period of time by not more than 28 days.

    (6)     The building controller may serve a copy of a notice under subsection (1) on the owner of any land where building work is being carried out by the licensee on whom the notice has been served.

    (7)     The owner of land where building work is being carried out by a licensee on whom a notice under subsection (1) has been served may make representations to the building controller about the proposed variation, suspension or cancellation—

        (a)     if a copy of a notice under subsection (1) has been served on that owner—within the period of time specified in that notice or any extension of that period granted by the building controller; or

        (b)     in any other case—before the time fixed under subsection (8) (a) for an inquiry.

    (8)     After the end of the period of time specified in a notice under subsection (1) or any extension of that period, the building controller may—

        (a)     fix a time and place for an inquiry into the proposed variation, suspension or cancellation and shall give written notice of the time and place of that inquiry to the holder and any owner who has made representations in relation to that variation, suspension or cancellation; or

        (b)     remove any suspension imposed under section 18A and make a decision not to suspend, vary or cancel the licence; or

        (c)     if no cause to the contrary has been shown and no representations have been made—vary, suspend or cancel the licence, as originally proposed in the notice.

    (9)     After holding an inquiry at the time and place fixed for that inquiry in accordance with subsection (8) (a), the building controller may vary, suspend or cancel the licence if he or she finds that a ground specified in subsection (1) exists.

    (10)     If the building controller varies a licence, he or she may, among other things, change the class to which the licence belongs and impose conditions or restrictions on the licence for the time and on the terms he or she considers reasonable in the circumstances.

    (11)     A builder's licence shall not be in force during a period for which it is suspended under this section or section 18A.