Queensland Consolidated Acts

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 74AS

74AS Contravention of building product undertaking

(1) If the commission considers that a person who made a building product undertaking has contravened the undertaking, the commission may apply to a Magistrates Court for an order under this section.

(2) If the court is satisfied that the person has contravened the building product undertaking, the court, in addition to the imposition of any penalty, may make 1 or both of the following orders—

(a) an order directing the person to comply with the undertaking;

(b) an order discharging the undertaking.

(3) In addition to the orders mentioned in subsection (2) , the court may make any other order the court considers appropriate in the circumstances, including orders directing the person to pay to the State—

(a) the costs of the proceeding, including legal costs; and

(b) the reasonable costs of the commission in—

(i) investigating the contravention of the building product undertaking; or

(ii) monitoring compliance with the building product undertaking in the future.

(4) Nothing in this section prevents proceedings being taken for a contravention or alleged contravention of this part to which the building product undertaking relates.