After section 209 of the Principal Act , the following section is inserted in Part 15:

209A.     Defective work order

(1)  In addition to any other action that may be taken under this Act in respect of defective building work, the relevant building surveyor for the work is to issue an order requiring the rectification of the defective building work to –

(a) the responsible person in respect of the work; or

(b) if the relevant building surveyor is unable to issue the order to the responsible person for the work, the current owner of the premises where the work is located.

(2)  The relevant building surveyor in respect of building work must issue an order under subsection (1) in respect of building work if the building surveyor, or the Director of Building Control, certified the building work as defective work under section 209(b) .

(3)  An order issued under this section is to be in an approved form.

(4)  An order may only be issued under this section in respect of defective building work if –

(a) a certificate of completion (notifiable building work), or a certificate of completion (permit building work), has been issued in respect of the work; and

(b) it has been less than 2 years since the certificate of completion (notifiable building work), or certificate of completion (permit building work), has been so issued in respect of the work.

(5)  An order issued under this section –

(a) must specify the period in which the defective work must be rectified under the order; and

(b) is to specify the defective work to be rectified under the order; and

(c) may specify conditions, requirements and restrictions on how the defective work is to be rectified under the order.

(6)  The Director of Building Control may issue an order under subsection (1) in respect of defective building work if the relevant building surveyor for the work is no longer a building surveyor.

(7)  If a person issues an order under this section in respect of defective building work, the person is to provide a copy of the order to each of the following as soon as practicable after the order has been issued:

(a) the relevant permit authority for the work;

(b) the Director of Building Control.

(8)  A person issued with an order under this section in respect of defective building work must rectify the work in accordance with the order.

Penalty:  In the case of –

(a) a natural person, a fine not exceeding 100 penalty units; or

(b) a body corporate, a fine not exceeding 500 penalty units.