New South Wales Consolidated Acts

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)