New South Wales Consolidated Acts

RESIDENTIAL APARTMENT BUILDINGS (COMPLIANCE AND ENFORCEMENT POWERS) ACT 2020 - SECT 42

42 Failure to comply with order--carrying out of work by Secretary

(1) If the Secretary gives a building work rectification order, the Secretary may do anything that is necessary or convenient to give effect to the terms of the order (including the carrying out of any work required by the order) if the developer to whom the order was given fails to comply with the terms of the order.

(2) If the Secretary takes action under this section to give effect to a building work rectification order by demolishing a building or part of a building, the Secretary may remove any materials concerned.

(3) Materials removed that are not saleable may be destroyed or otherwise disposed of.

(4) Any expenses incurred under this section by the Secretary, together with all associated costs, may be recovered by the Secretary in any court of competent jurisdiction as a debt due to the Secretary by the person required to comply with the order.

(5) The expenses are to be reduced by the amount of any proceeds of any sale under this section.

(6) Nothing in this section affects the owner's right to recover any amount from any lessee or other person liable for the expenses concerned.

(7) The recovery of costs and expenses by the Secretary under this section does not include the costs and expenses of court proceedings, but nothing in this section prevents the Secretary from receiving costs as between party and party in respect of those proceedings.