New South Wales Consolidated Acts

BUILDING AND DEVELOPMENT CERTIFIERS ACT 2018 - SECT 103

103 Warning notices

(1) The Secretary may authorise publication of a notice (a
"warning notice" ) warning persons of particular risks involved in dealing with--

(a) a specified registered certifier, former registered certifier, accreditation authority or former accreditation authority, or

(b) any other person that the Secretary reasonably believes may have breached this Act or the regulations.

(2) The Secretary may authorise publication of a warning notice in any one or more of the following ways--

(a) to any person making inquiries to the Secretary about the person concerned,

(b) by advertisement by the use of any medium,

(c) to any media representatives.

(3) Publication of a warning notice may be authorised whether or not a complaint has been made. However, the Secretary must conduct an investigation before authorising the publication.

(4) Before authorising publication of a warning notice, the Secretary must give the person concerned an opportunity for a period of not less than 2 business days to make representations to the Secretary about publication of the warning notice, unless--

(a) the Secretary, after making reasonable efforts to do so, is not able to contact the person promptly and advise the person of that opportunity, or

(b) the person refuses to make any representations.

(5) However, no opportunity to make representations is required to be given if, in the opinion of the Secretary, there is an immediate risk to the public.

(6) No liability is incurred by a person for publishing in good faith--

(a) a warning notice under this section, or

(b) a fair report or summary of a warning notice.