New South Wales Consolidated Acts

BUILDING AND DEVELOPMENT CERTIFIERS ACT 2018 - SECT 47

47 Notice to show cause

(1) This section applies if the Secretary is of the opinion that there may be grounds for taking disciplinary action under this Part against a registered certifier.

(2) The Secretary may serve a written notice on the registered certifier, inviting the certifier to show cause why the certifier should not be dealt with under this Part.

(3) The notice must state the grounds on which the registered certifier is required to show cause and must specify the period, being at least 14 days, during which it must be done.

(4) A registered certifier on whom a notice to show cause has been served may, within the period specified in the notice, make submissions to the Secretary, orally or in writing, and provide evidence with respect to the matters to which the notice relates.

(5) The Secretary may conduct any inquiry or make any investigation with respect to the matters to which the notice relates and the submissions are made, if any, and the evidence adduced, if any, by or on behalf of the registered certifier with respect to those matters that the Secretary thinks fit.

(6) The Secretary must, before determining whether or not to take disciplinary action under this Part against a person, take into consideration any submission made by the person in accordance with this section.

(7) However, the Secretary may take immediate disciplinary action without taking any steps under this section if the Secretary is of the opinion that it is in the public interest to take immediate action.