New South Wales Consolidated Acts
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RESIDENTIAL APARTMENT BUILDINGS (COMPLIANCE AND ENFORCEMENT POWERS) ACT 2020
- As at 14 November 2022
- Act 9 of 2020
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
1. Name of Act
2. Commencement
3. Definitions
4. Meaning of "developer"
5. Meaning of "building work"
6. Act applies only to residential apartment building work
6A. Levy may be imposed by Secretary
PART 2 - COMPLETION OF RESIDENTIAL APARTMENT BUILDING WORK
7. Notification to Secretary of intended completion of building work
8. Notification of change to expected date
9. Occupation certificates and strata plan registrations not to occur in certain circumstances
10. Appeals against prohibition orders
PART 3 - INVESTIGATIONS
Division 1 - Preliminary
11. Definitions
12. Purposes for which functions under Part may be exercised
Division 2 - Authorised officers
13. Appointment of authorised officers
14. Scope of authority
15. Identification
Division 3 - Information gathering powers
16. Exercise in conjunction with other powers
17. Power of authorised officers to require information and records
18. Power of authorised officers to require answers
19. Recording of evidence
Division 4 - Entry to premises
20. Power of authorised officers to enter premises
21. Entry into residential premises only with permission or warrant
22. Search warrants
23. Provision of assistance to authorised officers
24. Powers that may be exercised on premises
Division 5 - Miscellaneous
25. Taking possession of records to be used as evidence
26. Obstruction of authorised officers
27. Failure to comply with direction
PART 4 - REMEDIAL ACTIONS
28. Undertakings
29. Stop work orders
30. Appeals against stop work orders
31. Applying for orders to restrain or remedy contraventions
32. Complaints and investigations of practitioners
PART 5 - RECTIFICATION OF SERIOUS DEFECTS
Division 1 - Building work rectification orders
33. Power to order rectification
34. Order may specify standards and building work that will satisfy those standards
35. Giving and taking effect of orders
36. Reasons for orders to be given
37. Notice to be given to other persons and bodies of order
38. Modification of orders
39. Period for compliance with order
40. Continuing effect of orders
41. Occupier of land may be required to permit developer to carry out work
42. Failure to comply with order--carrying out of work by Secretary
43. Use of building work rectification orders in proceedings
Division 2 - Natural justice requirements
44. Notice to be given of proposed order to person who will be subject to order
45. Notice to be given to other persons and bodies of proposed order
46. Making of written representations
47. Consideration of representations
48. Procedure after consideration of written representations
Division 3 - Appeals
49. Appeals concerning orders
50. Effect of appeal on order
Division 4 - Compliance cost notices
51. Compliance cost notices
52. Appeals concerning compliance cost notices
Division 5 - Miscellaneous
53. Combined orders
54. Orders may be given to 2 or more persons
55. Notice in respect of building work caused to be carried out by more than 1 developer
PART 6 - OFFENCES
56. Proceedings for offences
56A. Publicity orders
56B. Additional orders
57. Penalty notices
58. Offences by bodies corporate
59. Continuing offences
60. Onus of proof regarding reasonable excuse
61. Building Commissioner
PART 7 - MISCELLANEOUS
62. Register of orders and undertakings
63. Delegation
64. Disclosure and misuse of information
65. Exchange of information
65A. Giving information to Australian universities for research purposes
66. Personal liability
67. Service of documents
68. Regulations
69. Review of Act
SCHEDULE 1
Schedule 2 (Repealed)
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