Queensland Consolidated Acts

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 108AI

108AI Commissioner may issue stop work notice

(1) This section applies if the commissioner is satisfied that something is being done, or is about to be done, in contravention of a prescribed provision.

(2) The commissioner may issue a notice (a
"stop work notice" )—

(a) prohibiting the person who is doing, or about to do, the thing from starting or continuing the thing; and

(b) directing the person to take any other action the commissioner considers necessary—

(i) to give effect to the prohibition under paragraph (a) ; or

(ii) to ensure the contravention of the prescribed provision is not repeated or does not happen in the future.

(3) Before issuing a stop work notice to a person, the commissioner must—

(a) give the person written notice of the commissioner’s intention to issue the notice and the reasons for issuing the notice; and

(b) ask the person to show cause why the commissioner should not issue the notice.

(4) If a person wishes to show cause why the stop work notice should not be issued, the person may make written submissions to the commissioner within 5 days after receiving the notice under subsection (3) from the commissioner.

(5) The commissioner must consider any written submissions made by a person within the period mentioned in subsection (4) before issuing a stop work notice.

(6) A person must not contravene a stop work notice.

Penalty—

Maximum penalty—500 penalty units.

(7) In this section—

"prescribed provision" means a provision of—

(a) this Act; or

(b) the Building Act 1975 ; or

(c) the Building Code of Australia.