Northern Territory Numbered Acts Northern Territory Numbered ActsSections 25 and 25A
repeal, insert
(1) If a corporation is carrying out a function as a building practitioner:
(a) the function must be carried out by or at the direction of a registered individual for the corporation; and
(b) the registered individual must, in writing, certify the function; and
(c) the corporation must ensure the name of the registered individual appears in all advertisements published by the corporation relating to the function.
Maximum penalty: 40 penalty units.
(2) In subsection (1):
"registered individual" means:
(a) for a corporation registered in a category of building practitioner other than building contractor – an individual concerned in the management or conduct of the corporation, or a nominee of the corporation, who is registered in the same category as the corporation; and
(b) for a corporation registered in the category of building contractor – a director or nominee of the corporation who is registered in that category.
(1) A corporation registered as a building practitioner must, within 7 days after one of the following circumstances occurs, give notice of the circumstance to the Practitioners Board:
(a) a nominee of the corporation ceases to act for the corporation;
(b) the registration of a nominee as a building practitioner is cancelled or suspended or is not renewed;
(c) for a corporation registered in the category of building contractor – an individual ceases to be a registered director of the corporation;
(d) for a corporation registered in any other category of building practitioner – an individual ceases to be a registered manager of the corporation;
(e) a director or nominee required by section 24B(2)(a)(ii) or 24F(4)(a)(iii) to supervise the corporation's building work is no longer able to do so.
Maximum penalty: 430 penalty units.
(2) However, if a circumstance mentioned in subsection (1) results in the corporation ceasing to comply with a requirement for registration mentioned in section 24B(2) or 24F(3) or (4), the corporation must give notice of the circumstance immediately after it occurs.
Maximum penalty: 430 penalty units.
(3) Notice under this section must be in the approved form.
(4) In this section:
"registered director", of a corporation, means a director mentioned in section 24B(2)(a)(i) or 24F(4)(a)(i).
"registered manager", of a corporation, means an individual involved in the management or conduct of the corporation to whom section 24(2)(a) or 24F(3)(a)(i) applies.
(1) The Practitioners Board may, at any time, assess a building contractor's compliance with the requirement to hold net financial assets as mentioned in section 24B(1)(c) or (2)(c) or 24F(2) or (4)(d) (the assets requirement ).
(2) The Practitioners Board may, by written notice, require the building contractor to give the Board the information and documents necessary to establish the building contractor's compliance with the assets requirement.
(3) The Board may require the information or document to be given within a reasonable time, as specified in the notice, and may extend the time if the Board considers it appropriate to do so.
Note for section 25B
Section 34VA enables the Practitioners Board to suspend the registration of a building practitioner if satisfied the building practitioner has ceased to comply with the assets requirement.
(1) A person who is required to hold a prescribed insurance policy must not perform a function of a building practitioner unless the prescribed insurance policy is in force.
Maximum penalty: 85 penalty units.
(2) In subsection (1):
"prescribed insurance policy" means an insurance policy required to be held as a condition of registration or renewal of registration, as mentioned in section 24(3), 24B(3) or 24F(5).