Commonwealth Numbered Acts Commonwealth Numbered ActsApplication of this section
(1) This section applies if an inspector reasonably believes that a person has contravened one or more of the following to the extent that the contravention relates (whether directly or indirectly) to building work:
(a) this Act;
(b) a designated building law;
(c) the Building Code.
Giving a notice
(2) The inspector may (subject to subsection (4)) give the person a notice requiring the person to do either or both of the following within a reasonable time specified in the notice:
(a) take specified action to remedy the direct effects of the contravention referred to in subsection (1);
(b) produce reasonable evidence of the person's compliance with the notice.
(3) The notice must also:
(a) set out the name of the person to whom the notice is given; and
(b) set out the name of the inspector who gave the notice; and
(c) set out brief details of the contravention; and
(d) explain that a failure to comply with the notice may contravene a civil remedy provision; and
(e) explain that the person may apply to a relevant court or a relevant State or Territory court for a review of the notice on either or both of the following grounds:
(i) the person has not committed the contravention set out in the notice;
(ii) the notice does not comply with subsection (2) or this subsection; and
(f) set out any other matters prescribed by the rules.
Relationship with enforceable undertakings
(4) An inspector must not give a person a notice relating to a contravention if:
(a) the person has given an undertaking under section 98 relating to the contravention; and
(b) the undertaking has not been withdrawn.
Relationship with civil remedy provisions
(5) An inspector must not apply for an order under Division 1 of Part 2 relating to a contravention of a civil remedy provision by a person if:
(a) the inspector has given the person a notice relating to the contravention; and
(b) either of the following subparagraphs applies:
(i) the notice has not been withdrawn, and the person has complied with the notice;
(ii) the person has made an application under section 100 (review of compliance notices) relating to the notice that has not been completely dealt with.
Note: A person other than an inspector who is otherwise entitled to apply for an order relating to the contravention may do so.
(6) A person who complies with a notice relating to a contravention of a civil remedy provision is not taken:
(a) to have admitted to contravening the provision; or
(b) to have been found to have contravened the provision.
Person must comply with notice
(7) A person must comply with a notice given under this section.
Note: Grade B civil penalty.
(8) Subsection (7) does not apply if the person has a reasonable excuse.