Tasmanian Numbered Acts

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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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