Northern Territory Numbered Acts

BUILDING AMENDMENT (RESIDENTIAL BUILDING CONSUMER PROTECTION) ACT 2012 (NO 7 OF 2012) - SECT 5

    After section 34W

    insert

Division 3C     Disciplinary action for contravention of Commissioner's decision

34X     Application of Division

    (1)     This Division applies if:

    (a)     the Commissioner has made a decision about a consumer guarantee dispute that requires a residential builder to rectify defective prescribed residential building work; and

    (b)     the builder has contravened the Commissioner's decision; and

    (c)     the contravention is specified by regulation to be professional misconduct.

    (2)     This Division does not apply in relation to a residential builder who is an owner-builder.

34Y     Disciplinary action by Practitioners Board

    (1)     If the Practitioners Board is satisfied that all the circumstances specified in section 34X(1) apply in relation to a residential builder, the Board must decide to take one or more of the following actions:

    (a)     reprimand the builder;

    (b)     require the builder to pay to the Territory a civil penalty not exceeding 40 penalty units;

    (c)     suspend the builder's registration for a specified period (not exceeding 3 years);

    (d)     cancel the builder's registration.

Note for subsection (1)(c) and (d)

Sections 34VB and 34W apply if the builder's registration is suspended or cancelled.

    (2)     In addition, the Practitioners Board may decide to take one or both of the following actions:

    (a)     require the residential builder to give an undertaking to do, or not to do, a specified thing:

        (i)     at any time or during any period; or

        (ii)     at a specified time or during a specified period;

    (b)     direct the Director to audit the builder's work or conduct, or both.

    (3)     The Practitioners Board must make an entry in the register of building practitioners, maintained under section 16, about an action the Board has taken after making a decision under this section.

    (4)     A civil penalty imposed under subsection (1)(b) is recoverable as a debt due to the Territory by the residential builder.

    (5)     To avoid doubt, in satisfying itself for subsection (1) the Practitioners Board is not required to conduct an inquiry as mentioned in Division 3A.

34Z     Notice of decision

    (1)     As soon as practicable after deciding to take any of the actions mentioned in section 34Y(1) or (2), the Practitioners Board must give written notice to:

    (a)     the residential builder; and

    (b)     the Director.

    (2)     The notice must set out:

    (a)     the reasons for the decision; and

    (b)     the procedure for commencing an appeal under Division 4.

    (3)     The Practitioners Board must also give written notice to the following persons about the decision:

    (a)     the Commissioner;

    (b)     the applicant for a decision about the consumer guarantee dispute mentioned in section 34X(1)(a).