New South Wales Consolidated Acts

RESIDENTIAL APARTMENT BUILDINGS (COMPLIANCE AND ENFORCEMENT POWERS) ACT 2020 - SECT 8

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.