New South Wales Consolidated Acts

HOME BUILDING ACT 1989 - SECT 105H

105H Conditions of licences

(1) A licence granted under this Part is subject to--

(a) any conditions that are prescribed by this Act or the regulations, and

(b) any conditions (not inconsistent with this Act or the regulations) that are imposed by the Authority--

(i) on the granting of the licence, or

(ii) at any time during the currency of the licence.

(2) The Authority may, by written notice served on a licence holder, impose conditions (or further conditions) to which the licence is to be subject or revoke or vary any condition imposed on the licence by the Authority.

(3) A condition cannot be imposed, revoked or varied except with the approval of the Board of the Authority.

(4) A condition to which a licence is subject has effect whether or not it is endorsed on the licence.

(5) A licence holder who contravenes, whether by act or omission, any condition to which the licence is subject is guilty of an offence.

: Maximum penalty--1,000 penalty units.

(6) An insurer or provider (not being a licence holder) who contravenes, whether by act or omission, any obligation imposed by this Act on the holder in connection with insurance or an alternative indemnity product, being an obligation that is declared by this Act to be a condition of a licence under this Part, is guilty of an offence.

: Maximum penalty--1,000 penalty units.

(7) A licence holder cannot be convicted of an offence under subsection (5) and required to pay a civil penalty under section 105M in respect of the same act or omission.