New South Wales Consolidated Acts

DESIGN AND BUILDING PRACTITIONERS ACT 2020 - SECT 9

9 Compliance declarations by registered design practitioners

(1) A registered design practitioner must provide a design compliance declaration to a person if--

(a) the practitioner provides the person with a regulated design prepared by the practitioner, and

(b) the design is in a form suitable for use by that person or another person in connection with building work.

: Maximum penalty--1,500 penalty units (in the case of a body corporate) or 500 penalty units (in any other case).

(2) A registered design practitioner must provide a further design compliance declaration to a person if--

(a) the practitioner or another practitioner has previously provided a design compliance declaration for a regulated design prepared by either practitioner in connection with building work, and

(b) the practitioner provides the person with the regulated design as varied by the practitioner in a form suitable for use in connection with the building work before the building work is commenced.

: Maximum penalty--1,500 penalty units (in the case of a body corporate) or 500 penalty units (in any other case).

(3) A registered design practitioner must provide a further design compliance declaration to a person if--

(a) the practitioner or another practitioner has previously provided a design compliance declaration for a regulated design prepared by either practitioner relating to a building element or performance solution in connection with building work, and

(b) the practitioner provides the person with the regulated design as varied by the practitioner in a form suitable for use relating to the building element or performance solution after the building work is commenced.

: Maximum penalty--1,500 penalty units (in the case of a body corporate) or 500 penalty units (in any other case).

(4) A registered design practitioner who is required by subsection (1), (2) or (3) to provide a design compliance declaration to a person must also provide a copy of the declaration to the registered principal design practitioner (if any) appointed in relation to the building work to which the declaration relates.

: Maximum penalty--1,500 penalty units (in the case of a body corporate) or 500 penalty units (in any other case).

(5) A registered design practitioner must provide a design compliance declaration in other circumstances prescribed by the regulations.

: Maximum penalty--1,500 penalty units (in the case of a body corporate) or 500 penalty units (in any other case).

(6) Without limiting subsection (5), a regulation made under that subsection may require regulated designs and design compliance declarations to be lodged electronically through an internet site or an application established by or on behalf of the Department.

(7) A person must not make a design compliance declaration that the person knows to be false or misleading in a material particular.

: Maximum penalty--2,000 penalty units or imprisonment for 2 years, or both.

(8) The regulations may require a design compliance declaration provided under this section to be accompanied by other documents prescribed by the regulations.