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This is a Bill, not an Act. For current law, see the Acts databases.
Serial 53
Building
Amendment Bill 2022
Ms
Lawler
A Bill for an Act to amend the Building Act 1993
NORTHERN TERRITORY OF AUSTRALIA
BUILDING AMENDMENT ACT 2022
____________________
Act No. [ ] of 2022
____________________
Table of provisions
Part 21 Transitional matters for Building Amendment Act 2022
200 Definitions
201 Application of increased inquiry period to building practitioners whose registration ceased before commencement
202 Application of increased amount of civil penalty to professional misconduct engaged in before commencement
203 Application
of increased amount of civil penalty to contraventions of Commissioner's
decision before commencement
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2022
____________________
An Act to amend the Building Act 1993
[Assented to [ ] 2022]
[Introduced [ ] 2022]
The Legislative Assembly of the Northern Territory enacts as follows:
This Act may be cited as the Building Amendment Act 2022.
This Act commences on the day after the day on which the Administrator's assent to this Act is declared.
This Act amends the Building Act 1993.
4 Section 34H amended (Inquiry into building practitioner who is no longer registered)
Section 34H(2)
omit
3
insert
7
5 Section 34T amended (Disciplinary action by Inquiry Board)
Section 34T(d)
omit, insert
(d) require the practitioner to pay to the Territory a civil penalty not exceeding:
(i) if the practitioner is an individual – 160 penalty units; or
(ii) if the practitioner is a corporation – 800 penalty units;
6 Section 34Y amended (Disciplinary action by Practitioners Board)
Section 34Y(1)(b)
omit, insert
(b) require the builder to pay to the Territory a civil penalty not exceeding:
(i) if the builder is an individual – 160 penalty units; or
(ii) if the builder is a corporation – 800 penalty units;
7 Section 168 amended (Regulations)
Section 168, at the end
insert
Note for section 168
See section 51(1) and (2) in relation to the application of a regulation or an amendment to a regulation to building work for which a building permit was granted, or in respect of which substantial progress had been made on the design of the building, before the commencement of the regulation or amendment.
After section 199
insert
Part 21 Transitional matters for Building Amendment Act 2022
In this Part:
amending Act means the Building Amendment Act 2022.
commencement means the commencement of the amending Act.
201 Application of increased inquiry period to building practitioners whose registration ceased before commencement
The 7 year period to which an inquiry is limited under section 34H(2), as amended by section 4 of the amending Act, also applies in relation to a building practitioner who ceased to be registered before the commencement.
202 Application of increased amount of civil penalty to professional misconduct engaged in before commencement
The maximum civil penalty that may be imposed on a building practitioner who is guilty of professional misconduct under section 34T(d), as amended by section 5 of the amending Act, also applies in relation to professional misconduct constituted by work performed or conduct engaged in by the practitioner before the commencement.
203 Application of increased amount of civil penalty to contraventions of Commissioner's decision before commencement
The maximum civil penalty that may be imposed on a residential builder under section 34Y(1)(b), as amended by section 6 of the amending Act, also applies in relation to a residential builder's contravention of a decision that was made by the Commissioner before the commencement.
This Act is repealed on the day after it commences.
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