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RESIDENTIAL APARTMENT BUILDINGS (COMPLIANCE AND ENFORCEMENT POWERS) ACT 2020 - SECT 8
Notification of change to expected date
8 Notification of change to expected date
(1) If a developer becomes aware that circumstances have changed so that the
developer expects an application for the occupation certificate for a
residential apartment building or part of a residential apartment building to
be made on a different date than the expected date specified in an
expected completion notice, the developer must notify the Secretary of the new
expected date (an
"expected completion amendment notice" ).
(2) The
expected completion amendment notice must be given-- (a) within 7 days of the
developer becoming aware of the change in circumstances, and
(b) in a manner
and form approved by the Secretary.
(3) The regulations may provide that the
expected completion amendment notice may be given to another person in the
manner and form prescribed as an alternative to being given to the Secretary.
(4) This section does not apply if the new expected date is within 60 days of
the expected date specified in the expected completion notice given to the
Secretary in relation to the building work.
(5) A developer may give more
than 1 expected completion amendment notice in accordance with this section
and, for the purposes of any subsequent notice, a reference in this section to
the expected date specified in an expected completion notice is to be taken to
be a reference to the new expected date specified in the most recent
expected completion amendment notice given by the developer.
(6) If there is
more than 1 developer in relation to a residential apartment building, it is a
defence to a prosecution for an offence under this section if the defendant
proves that another developer gave the required
expected completion amendment notice to the Secretary (or other person
prescribed under subsection (3)).
: Maximum penalty-- (a) for a body
corporate--500 penalty units and in addition, in the case of a continuing
offence, 50 penalty units for each day the offence continues, or
(b)
otherwise--100 penalty units and in addition, in the case of a continuing
offence, 10 penalty units for each day the offence continues.
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