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HOME BUILDING ACT 1989 - SECT 115A
Undertakings
115A Undertakings
(1) The Secretary may accept a written undertaking, relating to the carrying
out of residential building work or specialist work, from the holder of an
authority. Note--: Part 4, Division 2 provides that a contravention of an
undertaking is grounds for taking disciplinary action against the holder.
Section 138 provides that a contravention of an undertaking is grounds for the
Supreme Court to grant an injunction.
(2) Without limiting subsection (1),
the Secretary may accept a written undertaking from the holder of an authority
that the holder will do 1 or more of the following-- (a) refrain from conduct
that contravenes this Act or the regulations,
(b) take action to prevent or
remedy a contravention of this Act or the regulations,
(c) take action to
resolve a building dispute,
(d) provide the Secretary with a
rectification bond that the Secretary may claim or realise to ensure that--
(i) residential building work or specialist work is completed, or
(ii) a
defect in or damage to residential building work or specialist work is
rectified,
(e) pay an amount into the Home Building Administration Fund under
section 114 that the Secretary considers appropriate in the circumstances.
(3) If an undertaking requires the holder of an authority to provide the
Secretary with a rectification bond, the undertaking must include-- (a) the
circumstances in which the rectification bond may be claimed or realised, and
(b) the procedure for claiming or realising the rectification bond.
(4) In
this section--
"authority" has the same meaning as in Part 4, Division 2.
"rectification bond" means a bank guarantee, bond or other form of security
acceptable to the Secretary.
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