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RESIDENTIAL BUILDING (MISCELLANEOUS CONSUMER PROTECTION AMENDMENTS) ACT 2023 (NO. 9 OF 2023) - SECT 48
Section 90 amended (Proper cause for disciplinary action)
Section 90 of the Principal Act is amended as follows: (a) by inserting the
following paragraphs after paragraph (b) in subsection (1) : (ba) the
Administrator is satisfied, on reasonable grounds, that the prescribed work of
the contractor is the subject of, or may be the subject of, an order under
Division 3 of Part 18 of the Building Act 2016 ; or
(bb) the Administrator is
satisfied, on reasonable grounds, that the contractor (i) is a
party to a settlement of a dispute that has been registered by the Director of
Building Control under section 53 of the
Residential Building Work Contracts and Dispute Resolution Act 2016 ; and
(ii)
without lawful excuse, has failed to comply with the terms of the settlement
of a dispute so registered; or
(bc) the Administrator is satisfied, on
reasonable grounds, that the contractor has failed to comply with an order of
the Tasmanian Civil and Administrative Tribunal that is in force in respect of
the contractor; or
(b) by omitting from subsection (2)(c) "he or she" and
substituting "the practitioner, or building services provider," ;
(c) by
inserting the following paragraphs after paragraph (c) in subsection (2) :
(ca) the Administrator is satisfied, on reasonable grounds, that the
prescribed work of the practitioner, or building services provider, is the
subject of or may be the subject of (i) an order under Division 3
of Part 18 of the Building Act 2016 ; or
(ii) an order under section 209A of
the Building Act 2016 ; or
(cb) the Administrator is satisfied, on reasonable
grounds, that the practitioner, or building services provider (i)
is a party to a settlement of a dispute that has been registered by the
Director of Building Control under section 53 of the
Residential Building Work Contracts and Dispute Resolution Act 2016 ; and
(ii)
without lawful excuse, has failed to comply with the terms of the settlement
of a dispute so registered; or
(cc) the Administrator is satisfied, on
reasonable grounds, that the practitioner, or building services provider, has
failed to comply with an order of the Tasmanian Civil and Administrative
Tribunal that is in force in respect of the practitioner or provider; or
(cd)
the Administrator is satisfied, on reasonable grounds, that the building
services provider has failed to issue an order as required under
section 209A(2) of the Building Act 2016 ; or
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