{"id":"a-2024-36","name":"Property Developers Act 2024","slug":"property-developers-act-2024","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"36 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24153,"registerId":"act-a-2024-36-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Property Developers Act 2024.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\n(1) The following provisions commence on the day after this Act’s\nnotification day:\n• part 1 (Preliminary)\n• section 8 (Meaning of associated entity and key person)\n• part 5 (Rectification orders, stop work orders and undertakings)\n(other than section 60 (1) (b) and (6), definition of relevant\nprovision)\n• part 6 (Enforcement)\n• part 9 (Information sharing)\n• part 10 (Notification and review of decisions)\n• part 11 (Miscellaneous)\n• part 12 (Transitional)\n• schedule 1 (Reviewable decisions)\n• dictionary.\nNote The naming and commencement provisions automatically commence on\nthe notification day (see Legislation Act, s 75 (1)).\n(2) The following provisions commence on a day fixed by the Minister\nby written notice:\n(a) the licence requirement provisions;\n(b) the remaining provisions.\nNote A single day or time may be fixed, or different days or times may be\nfixed, for the commencement of different provisions (see Legislation Act,\ns 77 (1)).\n\nPreliminary Part 1\n(3) However—\n(a) if the licence requirement provisions have not commenced\nwithin 3 years beginning on this Act’s notification day, they\nautomatically commence on the first day after that period; and\n(b) if the remaining provisions have not commenced within 2 years\nbeginning on this Act’s notification day, they automatically\ncommence on the first day after that period.\n(4) The Legislation Act, section 79 (Automatic commencement of\npostponed law) does not apply to this Act.\nlicence requirement provisions means—\n(a) section 7 (Purpose—pt 2); and\n(b) section 60 (1) (b) and (6), definition of relevant provision; and\n(c) the following provisions in schedule 2:\n(i) amendments 2.2 to 2.5;\n(ii) amendment 2.7;\n(iii) parts 2.2 to 2.6.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Dictionary","content":"3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘building work—see the Building\nAct 2004, section 6.’ means that the term ‘building work’ is defined in\nthat section and the definition applies to this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Notes","content":"4 Notes\nA note included in this Act is explanatory and is not part of this Act.\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Objects of Act","content":"6 Objects of Act\n(1) The objects of this Act are to—\n(a) protect the public by ensuring—\n(i) residential development activities are undertaken by\nproperty developers that are competent and have the\ncapacity to undertake those activities; and\n(ii) property developers are responsible and accountable for\nthe residential development activities they undertake; and\n(b) promote public confidence in the standard of residential\ndevelopment activities undertaken by property developers.\n\nPreliminary Part 1\n(2) The objects are to be achieved by—\n(a) establishing a licensing scheme that ensures certain residential\ndevelopment activities are only undertaken by licensed property\ndevelopers; and\n(b) imposing standards of practice and competency for the\nresidential development activities undertaken by licensed\nproperty developers; and\n(c) requiring property developers to rectify serious defects, or\npossible serious defects, in regulated residential buildings they\narrange to be constructed; and\n(d) providing for the monitoring and enforcement of compliance\nwith this Act.\nNote Other legislation applies to residential development activities to help\nachieve this Act’s objects and to ensure property developers are\naccountable for the residential development activities they undertake. See\nthe following:\n• Building Act 2004\n• Civil Law (Sale of Residential Property) Act 2003\n• Planning Act 2023\n• Unit Titles (Management) Act 2011.\n\n","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Purpose—pt 2","content":"7 Purpose—pt 2\nThe purpose of this part is to allow a person to apply for and to obtain\na licence to do the following:\n(a) apply for development approval in relation to certain residential\nbuilding developments under the Planning Act 2023,\nsection 162A;\n(b) apply for a building approval, building commencement notice\nor certificate of occupancy in relation to certain residential\nbuilding work under the Building Act 2004, section 27 (1) (ca),\nsection 28AA and section 69 (1) (c);\n(c) sell, or advertise the sale of, certain residential property off-the-\nplan under the Civil Law (Sale of Residential Property)\nAct 2003, division 2A.2.\n","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Meaning of associated entity and key person","content":"8 Meaning of associated entity and key person\n(1) In this Act:\nassociated entity, of a corporation, means—\n(a) a related corporation; or\nkey person, for a corporation, means—\n(a) a director or secretary of—\n(i) the corporation; or\n(ii) an associated entity of the corporation; and\n\nPreliminary Division 2.1\n(b) an individual who is in a position to control or significantly\ninfluence the corporation’s or an associated entity’s conduct and\nincludes an individual who—\n(i) directly or indirectly owns, holds or controls 25% or more\nof the shares in either corporation, or 25% or more of a\nclass of shares in either corporation; or\n(ii) gives instructions to an officer of either corporation and the\nofficer generally acts on those instructions; or\n(iii) makes, or participates in making, decisions that affect the\nwhole or a substantial part of either corporation’s business\nor financial standing; or\n(iv) engages in conduct or makes representations that would\ncause someone else to reasonably believe the person\ncontrols, or substantially influences, either corporation’s\nbusiness.\n(2) However, a key person for a corporation, does not include—\n(a) a professional, only because the advice given by the professional\ninfluences the corporation’s conduct; or\n(b) a regulator, only because the regulator, when exercising a\nfunction under an Act or other law, influences the corporation’s\nbusiness; or\n(c) an administrator, controller, provisional liquidator or liquidator\nwithin the meaning of the Corporations Act, section 9.\n(3) For this section, a related corporation has the same meaning as\nrelated body corporate under the Corporations Act, section 9, except\nthat in section 46 (Meaning of subsidiary—general) of that Act,\nreferences to ‘one-half’ are taken to be references to ‘25%’.\n\nprofessional—\n(a) means a person who provides professional advice to more than\n1 client; but\n(b) does not include a person who provides professional advice to a\nclient in the person’s capacity as an employee of the client.\nExample\na lawyer or accountant, employed in that capacity by a firm of lawyers or\naccountants engaged by a corporation to give the corporation advice on a particular\nmatter\nregulator means—\n(a) a person employed by the Territory, a State, a local government\nor the Commonwealth; or\n(b) a person engaged by the Territory, a State, a local government\nor the Commonwealth to provide a particular service or carry\nout a particular activity; or\n(c) an agent of a person mentioned in paragraph (b) if, in that\ncapacity, the agent provides the service or carries out the activity\nthe person is engaged to provide or carry out.\n","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Meaning of suitable person","content":"9 Meaning of suitable person\n(1) For this Act, in deciding whether an applicant for a licence is\na suitable person to hold the licence, the registrar must consider the\n(a) the applicant’s character;\n\nPreliminary Division 2.1\n(b) the applicant’s history of compliance, or ability to comply, with\nthis Act and relevant laws including whether the applicant has\nbeen—\n(i) the subject of regulatory action (however described) under\nthis Act or a relevant law; or\n(ii) convicted of an offence against this Act or a relevant law\nor another law that affects the applicant’s suitability to\nundertake residential development activities;\n(c) if the applicant is able to demonstrate an ability to comply with\nthis Act and relevant laws;\n(d) the applicant’s operational and financial capacity to undertake\nresidential development activities including the applicant’s—\n(i) past performance in undertaking residential development\nactivities or related activities; and\n(ii) credit history and financial viability;\n(e) the applicant’s compliance with any competency requirement;\n(f) whether the applicant has previously held a licence that has been\ncancelled or suspended, or for which conditions have been\nimposed under section 19;\n(g) if the applicant is an individual, whether the applicant has\nbeen—\n(i) an insolvent under administration under the Corporations\nAct, section 9; or\n(ii) an executive officer of a corporation within 2 years before\nthe corporation was placed into administration,\nreceivership or liquidation; or\n(iii) disqualified from managing a corporation under the\nCorporations Act;\n(h) any matter prescribed by regulation.\n\n(2) If the applicant is a corporation and the registrar considers it relevant,\nthe registrar may also consider the matters mentioned in\nsubsection (1) for—\n(a) an associated entity or key person for the corporation; and\n(b) a former associated entity or key person for the corporation.\n(3) The registrar may consider any other matter the registrar considers\nrelevant.\n","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Meaning of rating report—pt 2","content":"10 Meaning of rating report—pt 2\nrating report, in relation to an applicant for a licence or a licensee,\nmeans a written report—\n(a) prepared by a rating entity; and\n(b) that assesses the operational and financial capacity of the\napplicant or licensee to undertake residential development\nactivities; and\n(c) that satisfies any other requirement prescribed by regulation.\n","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Applications for licence","content":"11 Applications for licence\n(1) A person may apply to the registrar to be licensed as a property\ndeveloper (a licence application).\n(2) A licence application must—\n(b) if requested by the registrar—include a rating report or any other\nreport prescribed by regulation; and\n(c) include information about the matters mentioned in section 9 (1)\n(Meaning of suitable person); and\n\n(d) include any information prescribed by regulation.\n(3) The registrar may refuse to consider a licence application that does\nnot comply with subsection (2).\n","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Eligibility for licence","content":"12 Eligibility for licence\nAn applicant is eligible to be given a licence if—\n(a) the registrar is satisfied the applicant has the operational and\nfinancial capacity, and is otherwise a suitable person, to\nundertake residential development activities; and\n(b) the applicant is not disqualified (however described) from\napplying for a licence under this Act; and\n(c) the applicant meets any other eligibility requirements prescribed\nby regulation.\n","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Applications for licence renewal","content":"13 Applications for licence renewal\n(1) A person may apply to the registrar for renewal of their licence\n(a renewal application) before the licence ends.\n(2) A renewal application must—\n(b) if requested by the registrar—include a rating report or any other\nreport prescribed by regulation; and\n(c) include details of any relevant competency requirements to be\nundertaken by the applicant during the term of the applicant’s\nlicence; and\n(d) if any information about a matter mentioned in section 9 (1)\n(Meaning of suitable person) has changed since the applicant\nlast made a licence application or renewal application—include\ndetails of the changes; and\n(e) include any information prescribed by regulation.\n\n(3) The registrar may refuse to consider an application that does not\ncomply with subsection (2).\n","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Eligibility for licence renewal","content":"14 Eligibility for licence renewal\nAn applicant is eligible to have their licence renewed if—\n(a) the registrar is satisfied the applicant has the operational and\nfinancial capacity, and is otherwise a suitable person, to\nundertake residential development activities; and\n(b) the applicant has undertaken any relevant competency\nrequirements; and\n(c) the applicant meets any other eligibility requirements prescribed\nby regulation.\n","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"Registrar may request more information","content":"15 Registrar may request more information\n(1) The registrar may, in writing, require an applicant under section 11 or\nsection 13 to give the registrar information that the registrar\nreasonably needs to decide the application.\n(2) Without limiting subsection (1), the registrar may require an\nadditional rating report or a rating report that includes stated\ninformation to be provided by the applicant.\n(3) If the applicant does not comply with a requirement under\nsubsection (1), the registrar may refuse to consider the application\nfurther.\n","sortOrder":14},{"sectionNumber":"16","sectionType":"section","heading":"Change of information must be provided","content":"16 Change of information must be provided\nIf the information in a licence application or renewal application\nchanges before the application is decided, the applicant must give the\nregistrar written notice of the details of the change.\n\n","sortOrder":15},{"sectionNumber":"17","sectionType":"section","heading":"Deciding applications","content":"17 Deciding applications\n(1) If a person makes a licence application, the registrar must—\n(a) if the person is eligible—give a licence to the person; or\n(b) if the person is not eligible—refuse to give a licence to the\nperson.\n(2) If a person makes a renewal application, the registrar must—\n(a) if the person is eligible—renew the person’s licence; or\n(b) if the person is not eligible—refuse to renew the person’s\nlicence.\n(3) If the registrar renews a licence, the renewed licence begins on the\nday after the licence being renewed ends.\n(4) The registrar may renew a licence that has been suspended, but the\nrenewed licence is suspended until the suspension ends.\n","sortOrder":16},{"sectionNumber":"18","sectionType":"section","heading":"Licence valid until application for renewal decided","content":"18 Licence valid until application for renewal decided\n(1) If a person makes a renewal application, the person’s existing licence\ncontinues in force until the application is decided.\n(2) Subsection (1) applies even if it causes the existing licence to be in\nforce for longer than the maximum licence term stated in\nsection 20 (b) (i).\n","sortOrder":17},{"sectionNumber":"19","sectionType":"section","heading":"Licence conditions","content":"19 Licence conditions\n(1) A licence is subject to the following conditions:\n(a) the licensee must comply with this Act (including any approved\ncode of practice);\n(b) the licensee must comply with all relevant competency\nrequirements;\n(c) the licensee must comply with all relevant laws;\n\n(d) the licensee must—\n(i) meet the standard reasonably expected of a licensee; and\n(ii) demonstrate a level of competence reasonably expected of\na licensee; and\n(iii) demonstrate the operational and financial capacity to\ncomply with—\n(A) its obligations under this Act and relevant laws; and\n(B) its legal obligations to subcontractors and other\npeople engaged by the licensee; and\n(iv) not engage in improper or unethical conduct;\n(e) on request by the registrar, the licensee must provide\nstated information about any matter mentioned in\nparagraphs (a) to (d);\n(f) any other condition the registrar considers appropriate;\n(g) any other condition prescribed by regulation.\nNote It is an offence under s 94 for a licensee not to comply with a condition\nof their licence.\n(2) Without limiting subsection (1) (f) or (g), a condition may be imposed\nor prescribed in relation to the following matters:\n(a) limiting the residential development activities that may be\nundertaken concurrently by the licensee or an associated entity;\n(b) preventing new residential development activities from being\nundertaken by the licensee or an associated entity;\n(c) limiting the size or kinds of residential development activities\nthat may be undertaken by the licensee or an associated entity;\n(d) requiring the design documentation for residential building\nwork to be independently reviewed or inspected;\n\n(e) requiring inspections of stated residential building work by a\nstated person and the provision of information about the\ninspections;\n(f) minimum financial requirements to be satisfied by the licensee\nor an associated entity;\n(g) restricting stated people from involvement in stated residential\ndevelopment activities.\n1 Kerr Developments Pty Ltd is a new entrant into the residential development\nindustry. The registrar imposes a condition on the company’s licence limiting\nthe company from developing multi-unit housing with more than 10 units or\nwith a value of more than $5 million.\n2 Foord Developments Pty Ltd holds a licence and is the parent company of\n3 subsidiary companies, each responsible for the development of different\nresidential development projects. One of the subsidiaries is placed under\nexternal administration and defects relating to a number of buildings\nconstructed by the insolvent company have been identified. The registrar\nimposes a condition preventing the subsidiary companies from undertaking\nnew projects and requiring additional independent review of design\ndocumentation for the subsidiaries’ projects.\n(3) Before imposing a condition under subsection (1) (f), the registrar\nmust—\n(a) give the applicant or licensee a written notice that—\n(i) states the condition the registrar proposes to impose; and\n(ii) states the reason the registrar proposes to impose the\ncondition; and\n(iii) tells the person that they may give a written response to the\nregistrar about the matters stated in the notice not later than\n28 days after the day the person receives the notice; and\n(b) consider any response given to the registrar in accordance with\nparagraph (a) (iii).\n\n","sortOrder":18},{"sectionNumber":"20","sectionType":"section","heading":"Licence term","content":"20 Licence term\nA licence—\n(a) begins on the day stated in the licence; and\n(b) ends on the earliest of the following:\n(i) the day stated in the licence, being not more than 7 years\nfrom the day the licence begins;\n(ii) if the licence is cancelled under division 4.2 (Regulatory\naction), division 4.3 (Immediate suspension or cancellation\nof licence) or section 41 (Voluntary cancellation of\nlicence)—the day the cancellation takes effect.\n","sortOrder":19},{"sectionNumber":"21","sectionType":"section","heading":"Content of licence","content":"21 Content of licence\n(a) gives a licence or renews a licence; or\n(b) varies a licence under section 22 (Variation of licence) or\ndivision 4.2 (Regulatory action).\n(2) The registrar must give the licensee a licence that states—\n(a) the name of the licensee; and\n(b) a unique identifying number for the licence; and\n(c) the term of the licence; and\n(d) any conditions on the licence; and\n(e) any other information prescribed by regulation.\n(3) A licence may include any other information the registrar considers\nrelevant.\n\nLicence variations and change of circumstances Division 2.3\n","sortOrder":20},{"sectionNumber":"Div 2","sectionType":"division","heading":"3 Licence variations and change of","content":"Division 2.3 Licence variations and change of\ncircumstances\n","sortOrder":21},{"sectionNumber":"22","sectionType":"section","heading":"Variation of licence","content":"22 Variation of licence\n(1) The registrar may vary a licence on written application by the licensee\nif the registrar—\n(a) has considered any reasons provided by the licensee in their\napplication to vary the licence; and\n(b) is satisfied it is appropriate to vary the licence.\n(2) The registrar may vary the licence on the registrar’s own initiative if\nthe registrar—\n(a) has given the licensee a written notice that—\n(i) states how the registrar proposes to vary the licence; and\n(ii) states the reason the registrar proposes to vary the licence;\nand\n(iii) tells the licensee that the licensee may give a written\nresponse to the registrar about the matters stated in the\nnotice not later than 28 days after the day the licensee\nreceives the notice; and\n(b) has considered any response given in accordance with\nparagraph (a) (iii); and\n(c) is satisfied it is appropriate to vary the licence.\n(3) If the registrar varies a licence under this section, the registrar must\ngive the licensee a written notice (a notice of variation) that states—\n(a) how the licence has been varied; and\n(b) the day on which the variation takes effect.\n(4) A variation of a licence takes effect on the day stated in the notice of\nvariation.\n\nDivision 2.3 Licence variations and change of circumstances\nlicence includes a suspended licence.\nvary, in relation to a licence, includes—\n(a) varying the term of the licence; and\n(b) adding, amending or removing a condition of the licence.\n","sortOrder":22},{"sectionNumber":"23","sectionType":"section","heading":"Notifying registrar about change of circumstances","content":"23 Notifying registrar about change of circumstances\n(1) A licensee must notify the registrar, in writing, about any of the\nfollowing within 14 days after the licensee becomes aware of the\nmatter:\n(a) a change to the licensee’s name or contact details;\n(b) if an entity stops being, or becomes, an associated entity of the\nlicensee;\n(c) if a person stops being, or becomes, a key person for the\nlicensee;\n(d) any other change to the information given by the licensee in a\nlicence application or renewal application;\n(e) the licensee, or an associated entity, doing the earliest of the\n(i) entering into an off-the-plan contract for the sale of a\nregulated residential building;\n(ii) applying for a development approval in relation to\nresidential building work;\n(iii) applying for a building approval in relation to residential\nbuilding work;\n(f) any other event or circumstance prescribed by regulation.\nMaximum penalty: 20 penalty units.\n\nRegister of licensed property developers Division 2.4\nbuilding approval—see the Building Act 2004, dictionary.\ndevelopment approval—see the Planning Act 2023, dictionary.\noff-the-plan contract—see the Civil Law (Sale of Residential\nProperty) Act 2003, section 19A (1).\n","sortOrder":23},{"sectionNumber":"24","sectionType":"section","heading":"Registrar may request rating report","content":"24 Registrar may request rating report\n(1) The registrar may request a licensee to provide a rating report if the\nlicensee—\n(a) applies to vary a licence under section 22; or\n(b) notifies the registrar about a matter under section 23.\n(2) The registrar may refuse to consider an application under section 22\nthat does not comply with subsection (1).\nDivision 2.4 Register of licensed property\ndevelopers\n","sortOrder":24},{"sectionNumber":"25","sectionType":"section","heading":"Registrar must keep register","content":"25 Registrar must keep register\n(1) The registrar must keep a register of licensed property developers\n(the register).\n(2) The registrar must keep the following details about a licensee in the\nregister:\n(a) their registered business name;\n(b) if the licensee operates the business under another name—their\nbusiness’s trading name;\n(c) details of current and former associated entities of the licensee;\n\nDivision 2.4 Register of licensed property developers\n(d) names of current and former directors for the licensee and\nassociated entities of the licensee;\n(e) their ABN or ACN;\n(f) their licence number;\n(g) the term of their licence;\n(h) any conditions on their licence;\n(i) the status of their licence;\n(j) their address for service;\n(k) any rating information prescribed by regulation;\n(l) the details and status of any—\n(i) regulatory action taken under part 4 (Licensed property\ndevelopers—regulatory action) against them or an\nassociated entity; and\n(ii) action taken under part 5 (Rectification orders, stop work\norders and undertakings) against them or an associated\nentity; and\n(iii) any regulatory action (however described) taken against\nthem or an associated entity under a relevant law;\n(m) past and current residential development activities undertaken\nby the licensee and their associated entities;\n(n) any other details prescribed by regulation.\n(3) The registrar must, for a former licensee, keep the details mentioned\nin subsection (2) in the register for 10 years after the day the former\nlicensee’s licence ends.\n(4) The register may also contain any other details the registrar considers\nappropriate.\n\nRegister of licensed property developers Division 2.4\n(5) The registrar may correct any mistake, error or omission in the\nregister.\n","sortOrder":25},{"sectionNumber":"26","sectionType":"section","heading":"Publication of information in register","content":"26 Publication of information in register\n(1) The registrar must make the details mentioned in section 25 in\nrelation to a licensee, or a former licensee, available to the public.\n(2) However, the registrar must not make details about a licensee or a\nformer licensee available to the public if the licensee or former\nlicensee applies, in writing, for the information not to be made\navailable to the public and the registrar is satisfied the publication of\nthe information would, or could reasonably be expected to—\n(a) endanger the life or physical safety of a person; or\n(b) jeopardise national security.\n\n","sortOrder":26},{"sectionNumber":"27","sectionType":"section","heading":"Approval of rating entities","content":"27 Approval of rating entities\n(1) On written application by an entity, the director-general may approve\nthe entity to prepare rating reports.\n(2) The director-general may only approve an entity if—\n(a) the entity holds an Australian financial services licence that\nauthorises the entity to provide services in accordance with this\nsection; and\n(b) the director-general is satisfied the entity—\n(i) has appropriate processes to undertake assessments of the\noperational and financial capacity of an applicant for a\nlicence, or a licensee, to undertake residential development\nactivities; and\n(ii) has proven procedures for training and monitoring people\nemployed or engaged by the entity to undertake the\nassessments; and\n(iii) has the operational and financial capacity to undertake the\nassessments; and\n(iv) imposes fees that are reasonable taking into account the\nscope of the services being offered; and\n(v) has appropriate processes for internally reviewing\nassessments and managing complaints; and\n(c) the entity meets any other requirement prescribed by regulation.\n\nRating entities Part 3\n(3) An approval—\n(a) must be for a term not longer than 5 years; and\n(b) is subject to—\n(i) any condition the director-general considers appropriate;\nand\n(ii) any condition prescribed by regulation.\n(4) An approval is a notifiable instrument.\nAustralian financial services licence—see the Corporations Act,\nsection 9.\n","sortOrder":27},{"sectionNumber":"28","sectionType":"section","heading":"Approval valid until new application decided","content":"28 Approval valid until new application decided\n(1) This section applies if an entity—\n(a) holds an approval under section 27; and\n(b) before the approval ends, applies in writing for a new approval.\n(2) The entity’s existing approval continues in force until the application\nis decided.\n(3) Subsection (2) applies even if it causes the existing approval to be in\nforce for longer than the maximum term stated in section 27 (3) (a).\n","sortOrder":28},{"sectionNumber":"29","sectionType":"section","heading":"Variation of approval","content":"29 Variation of approval\n(1) On written application by a rating entity, the director-general may\nvary the entity’s approval if the director-general—\n(a) has considered any reasons provided by the entity in its\napplication; and\n(b) is satisfied it is appropriate to vary the approval.\n\n(2) The director-general may vary the approval of a rating entity on the\ndirector-general’s own initiative if the director-general—\n(a) has given the entity a written notice that—\n(i) states how the director-general proposes to vary the\n(ii) states the reason the director-general proposes to vary the\n(iii) tells the entity that it may give a written response to the\ndirector-general about the matters stated in the notice not\nlater than 28 days after the day the entity receives the\nnotice; and\n(b) has considered any response given in accordance with\nparagraph (a) (iii); and\n(c) is satisfied it is appropriate to vary the approval.\n(3) A variation of an approval takes effect on the day stated in the\nvariation.\n(4) A variation of an approval is a notifiable instrument.\nvary, in relation to an approval includes—\n(a) varying the term of the approval; and\n(b) adding, amending or removing a condition of the approval.\n\nRating entities Part 3\n","sortOrder":29},{"sectionNumber":"30","sectionType":"section","heading":"Revocation of approval","content":"30 Revocation of approval\n(1) On written application by a rating entity, the director-general must\nrevoke the entity’s approval if the director-general is satisfied it is\nappropriate to do so.\n(2) The director-general may revoke the approval of a rating entity on the\ndirector-general’s own initiative if the director-general—\n(a) is satisfied 1 or more of the following applies:\n(i) the entity has failed to comply with a condition of its\napproval;\n(ii) the entity knowingly or recklessly used false or misleading\ninformation to become a rating entity;\n(iii) the entity no longer satisfies the requirements mentioned in\nsection 27 (2);\n(iv) the entity has been the subject of regulatory action\n(however described) in relation to its Australian financial\nservices licence; and\n(b) has given the entity a written notice that—\n(i) states that the director-general proposes to revoke the\n(ii) states the reason the director-general proposes to revoke\nthe approval; and\n(iii) tells the entity that it may give a written response to the\ndirector-general about the matters stated in the notice not\nlater than 28 days after the day the entity receives the\nnotice; and\n(c) has considered any response given in accordance with\nparagraph (b) (iii); and\n(d) is satisfied it is appropriate to revoke the approval.\n\n(3) Revocation of an approval takes effect—\n(a) for a revocation under subsection (1)—\n(i) 90 days after the day the revocation is notified; or\n(ii) if a later date is stated in the revocation—on that date; or\n(b) for a revocation under subsection (2)—on the day stated in the\nrevocation.\n(4) A revocation is a notifiable instrument.\nAustralian financial services licence—see section 27 (5).\n\nAutomatic licence suspension Division 4.1\nPart 4 Licensed property developers—\nregulatory action\nDivision 4.1 Automatic licence suspension\n31 Automatic suspension of licence\n(1) A licensee’s licence is automatically suspended—\n(a) if an annual licence fee or other fee is determined under\nsection 121 and is payable on a stated date—for the period the\nfee is unpaid after the stated date; or\n(b) for an individual—if the licensee becomes bankrupt or\npersonally insolvent; or\n(c) for a corporation—if the licensee—\n(i) becomes the subject of a winding-up order; or\n(ii) has a controller or administrator appointed for the licensee.\n(2) The registrar may revoke a suspension of a licence under\nsubsection (1) (c) (ii) if satisfied it is in the best interests of consumers\nto do so.\n","sortOrder":30},{"sectionNumber":"32","sectionType":"section","heading":"Definitions—div 4.2","content":"32 Definitions—div 4.2\nIn this division:\nground for regulatory action—see section 33.\nlicensee includes a former licensee.\nproposed regulatory action—see section 34 (1).\nregulatory action, against a licensee, means any of the following:\n(a) reprimanding the licensee;\n\n(b) directing the licensee to undergo an assessment of the\nlicensee’s—\n(i) required qualifications, experience and competencies; or\n(ii) operational and financial capacity to undertake residential\ndevelopment activities including by providing an\nadditional rating report;\n(c) directing the licensee to undertake stated training;\n(d) imposing, or amending, a condition of their licence;\n(e) suspending their licence for either a fixed period or until a\nparticular event happens;\n(f) cancelling their licence.\nshow cause notice—see section 34 (2).\n","sortOrder":31},{"sectionNumber":"33","sectionType":"section","heading":"Grounds for regulatory action","content":"33 Grounds for regulatory action\nEach of the following is a ground for regulatory action against a\nlicensee:\n(a) the licensee has knowingly or recklessly used false or\nmisleading information to become a licensee;\n(b) the licensee has failed to comply with a condition of their\nlicence;\n(c) the licensee has knowingly or recklessly given someone\ninformation about residential development activities\nundertaken, or to be undertaken, by the licensee that was false\nor misleading in a material particular;\n(d) the licensee has stopped being eligible to be licensed;\n(e) the licensee has had their licence immediately suspended or\ncancelled under section 38;\n\nRegulatory action Division 4.2\n(f) the licensee has been convicted or found guilty of an offence—\n(i) that is an indictable offence under a law of the ACT or the\nCommonwealth; or\n(ii) for an offence committed outside the ACT—that would be\nan indictable offence against a law of the ACT if\ncommitted in the ACT;\n(g) the licensee has contravened this Act (including an approved\ncode of practice) or a relevant law;\n(h) regulatory action (however described) under a relevant law has\nbeen taken against the licensee in another jurisdiction;\n(i) the licensee has failed to comply with a requirement of any\nregulatory action taken against the licensee under this part;\n(j) any other ground prescribed by regulation.\n","sortOrder":32},{"sectionNumber":"34","sectionType":"section","heading":"Notice of proposed regulatory action","content":"34 Notice of proposed regulatory action\n(1) The registrar may propose to take regulatory action (the proposed\nregulatory action) against a licensee if satisfied a ground for\nregulatory action exists in relation to the licensee.\n(2) If the registrar proposes to take regulatory action against a licensee,\nthe registrar must give the licensee a written notice (a show cause\nnotice) that states—\n(a) the grounds on which the registrar considers regulatory action\nmay be taken against the licensee; and\n(b) details of the proposed regulatory action; and\n(c) that the licensee may give the registrar a written submission\nabout the proposed regulatory action not later than 28 days after\nthe day the licensee is given the notice.\n\n","sortOrder":33},{"sectionNumber":"35","sectionType":"section","heading":"Taking regulatory action","content":"35 Taking regulatory action\n(1) The registrar may take the proposed regulatory action against a\nlicensee if the registrar—\n(a) has given the licensee a show cause notice in accordance with\nsection 34; and\nsection 34 (2) (c); and\n(c) is satisfied it is appropriate to take the proposed regulatory\naction against the licensee.\n(2) If the registrar decides to take the proposed regulatory action, the\nregistrar must give the licensee a written notice (a regulatory action\nnotice) that states—\n(a) that the proposed regulatory action will be taken; and\n(b) the day on which the regulatory action will take effect.\n(3) Regulatory action takes effect—\n(a) if the regulatory action is suspension or cancellation of the\nlicensee’s licence—\n(i) 14 days after the day the regulatory action notice is given\nto the licensee; or\n(ii) if a later date is stated in the notice—that date; or\n(b) in any other case—on the day stated in the regulatory action\nnotice.\n","sortOrder":34},{"sectionNumber":"36","sectionType":"section","heading":"Not taking regulatory action","content":"36 Not taking regulatory action\n(a) has given a licensee a show cause notice in accordance with\nsection 34; and\n\nImmediate suspension or cancellation of licence Division 4.3\nsection 34 (2) (c); and\n(c) is satisfied regulatory action against the licensee—\n(i) may not be taken; or\n(ii) may be taken, but in all the circumstances, it is not\nappropriate to take the action.\n(2) The registrar must give the licensee a written notice that tells the\nlicensee that regulatory action will not be taken against the licensee\nin relation to the matters stated in the show cause notice.\n","sortOrder":35},{"sectionNumber":"37","sectionType":"section","heading":"Effect of suspension","content":"37 Effect of suspension\nIf a person’s licence is suspended under this part, the person is taken\nnot to be a licensee during the period of suspension.\n","sortOrder":36},{"sectionNumber":"Div 4","sectionType":"division","heading":"3 Immediate suspension or cancellation","content":"Division 4.3 Immediate suspension or cancellation\nof licence\n","sortOrder":37},{"sectionNumber":"38","sectionType":"section","heading":"Immediate suspension or cancellation","content":"38 Immediate suspension or cancellation\n(1) This section applies if the registrar is satisfied—\n(a) a ground for regulatory action exists in relation to a licensee,\nother than a failure to comply with a requirement of any\nregulatory action taken under division 4.2; and\n(b) it is in the public interest to immediately suspend or cancel a\nlicence.\n(2) The registrar may—\n(a) immediately suspend the licence for a stated period or until a\nstated event happens; or\n(b) immediately cancel the licence.\n\nDivision 4.3 Immediate suspension or cancellation of licence\n(3) If the registrar immediately suspends or cancels a licence under\nsubsection (2), the registrar must give the licensee written notice\n(an immediate action notice) that includes the following information:\n(a) a statement that the suspension or cancellation takes effect as\nsoon as the notice is given to the licensee;\n(b) if the licence is suspended—when the suspension ends;\n(c) the reason for the suspension or cancellation;\n(d) that the licensee may make an application to the registrar under\nsection 40 (Revoking immediate suspension or cancellation).\n(4) However, the registrar may give a licensee an immediate action notice\norally if the registrar believes there is an immediate risk to the safety\nof a person.\n(5) If the registrar gives the immediate action notice orally, the registrar\nmust also give the licensee a written notice that includes the\ninformation mentioned in subsection (3) as soon as practicable, but\nnot later than 7 days after the day the notice was given orally.\n(6) Suspension or cancellation under this section takes effect when—\n(a) for an immediate action notice given orally and in writing—the\noral notice is given to the licensee; or\n(b) for an immediate action notice given only in writing—the\nwritten notice is given to the licensee.\n(7) A suspension under this section ends on the earliest of the following:\n(a) if the registrar suspends the licence—\n(i) for a stated period—when the period ends; or\n(ii) until a stated event happens—when the event happens;\n(b) if other regulatory action—\n(i) is taken against the licensee—when the other regulatory\naction takes effect; or\n\nImmediate suspension or cancellation of licence Division 4.3\n(ii) is not taken against the licensee—on the earliest of the\n(A) when the registrar gives the licensee a written notice\nunder section 36 (2);\n(B) 90 days after the immediate suspension notice is\ngiven to the licensee;\n(C) if the registrar revokes the suspension or cancellation\nunder section 40—the day stated in the written notice\ngiven to the person under section 40 (4).\n","sortOrder":38},{"sectionNumber":"39","sectionType":"section","heading":"Effect of immediate suspension","content":"39 Effect of immediate suspension\nIf a person’s licence is immediately suspended under section 38, the\nperson is taken not to be a licensee during the period of suspension.\n","sortOrder":39},{"sectionNumber":"40","sectionType":"section","heading":"Revoking immediate suspension or cancellation","content":"40 Revoking immediate suspension or cancellation\n(1) The registrar may revoke an immediate suspension or cancellation—\n(a) on written application by the person whose licence is suspended\nor cancelled; or\n(b) on the registrar’s own initiative.\n(2) An application by a person under subsection (1) (a) must be made not\nlater than 14 days after the day the person is given the immediate\naction notice under section 38.\n(3) The registrar may revoke the immediate suspension or cancellation\nunder subsection (1) if—\n(a) for an application made under subsection (1) (a)—\n(i) the application was made in accordance with\nsubsection (2); and\n(ii) the registrar has considered any reasons given by the\nperson requesting the revocation; and\n\n(b) the registrar has considered any matter prescribed by regulation.\n(4) If the registrar revokes the immediate suspension or cancellation, the\nregistrar must give the person a written notice that states—\n(a) that the suspension or cancellation has been revoked; and\n(b) the day on which the revocation takes effect.\n","sortOrder":40},{"sectionNumber":"41","sectionType":"section","heading":"Voluntary cancellation of licence","content":"41 Voluntary cancellation of licence\nThe registrar must cancel a licence if—\n(a) the licensee asks, in writing, for the cancellation; and\n(b) the registrar is satisfied it is appropriate to cancel the licence.\n","sortOrder":41},{"sectionNumber":"42","sectionType":"section","heading":"Application to disqualify person from applying for licence","content":"42 Application to disqualify person from applying for licence\n(1) This section applies if the registrar suspends or cancels a licence\nunder division 4.2 (Regulatory action).\n(2) On application by the registrar, the ACAT may make the following\norders:\n(a) if the registrar has suspended the person’s licence—\n(i) an order cancelling the licence; and\n(ii) an order disqualifying the person from applying for a\nlicence—\n(A) for a stated period of not more than 5 years; or\n(B) until a stated event happens;\n(b) if the registrar has cancelled the person’s licence—an order\ndisqualifying the person from applying for a licence—\n(i) for a stated period of not more than 5 years; or\n\nMiscellaneous Division 4.5\n(ii) until a stated event happens;\n(c) an order requiring the person to pay the Territory a stated\namount of not more than $200 000;\n(d) any other order the ACAT considers appropriate.\n(3) Before making an order under subsection (2), the ACAT must\nconsider any matter prescribed by regulation.\n(4) If the ACAT makes an order under subsection (2) (c), the amount may\nbe recovered as a debt payable to the Territory.\nNote An amount owing under a law may be recovered as a debt in a court of\ncompetent jurisdiction or the ACAT (see Legislation Act, s 177).\nDivision 4.5 Miscellaneous\n","sortOrder":42},{"sectionNumber":"43","sectionType":"section","heading":"Registrar may consult people before exercising functions","content":"43 Registrar may consult people before exercising functions\n(1) In exercising a function under this part, the registrar may consult any\nperson the registrar considers appropriate.\n(2) For subsection (1), the registrar is authorised to disclose information\nthat relates to the exercise of the function.\n\n","sortOrder":43},{"sectionNumber":"Part 5","sectionType":"part","heading":"Rectification orders, stop work","content":"Part 5 Rectification orders, stop work\norders and undertakings\n","sortOrder":44},{"sectionNumber":"44","sectionType":"section","heading":"Application—pt 5","content":"44 Application—pt 5\n(1) This part applies to residential building work for which a\ndevelopment approval is given on or after the day this section\ncommences.\ndevelopment approval—see the Planning Act 2023, dictionary.\n","sortOrder":45},{"sectionNumber":"45","sectionType":"section","heading":"Definitions—pt 5","content":"45 Definitions—pt 5\nauthorised contractor—see section 55 (2).\ncompliance action—see section 64 (1).\ncompliance cost notice—see section 64 (2).\ncompliance undertaking—see section 62 (1).\ndirector, of a property developer that is a corporation—see the\nCorporations Act, section 9.\nproperty developer—see section 46.\nproposed rectification order notice—see section 48 (2).\nrectification order—see section 49 (2).\nrectify, a serious defect, includes eliminate, minimise or remediate\nthe defect.\n\nPreliminary Division 5.1\nrequired rectification work, in relation to a rectification order—see\nsection 49 (2) (a).\nstop work order—see section 60 (2).\n","sortOrder":46},{"sectionNumber":"46","sectionType":"section","heading":"Meaning of property developer—pt 5","content":"46 Meaning of property developer—pt 5\n(1) In this part:\nproperty developer, in relation to residential building work, means\nany of the following:\n(a) a person who contracts or arranges for, or facilitates or otherwise\ncauses (whether directly or indirectly) the building work to be\nundertaken;\n(b) the owner of the land on which the building work is undertaken\nwhen the building work is undertaken;\n(c) the principal builder of the building work;\n(d) for a regulated residential building under a units plan—the\ndeveloper, as defined in the Unit Titles Act 2001, dictionary, in\nrelation to the units plan;\n(e) a person prescribed by regulation.\n(2) A regulation may exclude a person from the definition of property\ndeveloper.\nbuilding commencement notice, in relation to residential building\nwork, means a notice issued under the Building Act 2004, section 37\nfor the building work.\nprincipal builder, in relation to residential building work, means the\nperson stated to be the builder in the building commencement notice\nfor the building work.\nunits plan—see the Unit Titles Act 2001, dictionary.\n\n","sortOrder":47},{"sectionNumber":"47","sectionType":"section","heading":"Meaning of serious defect","content":"47 Meaning of serious defect\n(1) In this Act:\nserious defect, in relation to a building, means—\n(a) a defect in a building element that is attributable to a failure to\ncomply with a performance requirement of the building code,\nthe relevant Australian Standards or the relevant approved plans\nfor the building work; or\n(b) a defect in a building product or building element that—\n(i) is attributable to defective design, defective work or\ndefective materials; and\n(ii) causes or is likely to cause—\n(A) the inability to live in or use any part of the building\nfor its intended purpose; or\n(B) the destruction of any part of the building; or\n(C) a threat of collapse of any part of the building; or\n(c) a thing prescribed by regulation.\nabove grade wall, in relation to a building, means a wall above the\nlevel of the ground surrounding the building.\napproved plans—see the Building Act 2004, dictionary.\nbelow grade wall, in relation to a building, means a wall below the\nlevel of the ground surrounding the building.\nbuilding element, in relation to a building—\n(a) means any of the following:\n(i) the fire safety systems for the building within the meaning\nof the building code;\n\n(ii) waterproofing of the building;\n(iii) an internal or external load-bearing component of the\nbuilding that is essential to the stability of the building, or\na part of it, including in-ground and other foundations and\nfootings, floors, walls, roofs, columns and beams;\n(iv) a component of the building that is part of the building\nenclosure;\n(v) those aspects of the mechanical, plumbing and electrical\nservices for the building that are required to achieve\ncompliance with the building code;\n(vi) a thing prescribed by regulation; but\n(b) does not include a thing excluded by regulation.\nbuilding enclosure, in relation to a building, means the part of the\nbuilding that physically separates the interior environment of the\nbuilding from the exterior environment, including roof systems,\nabove grade and below grade walls (including windows and doors).\nbuilding product means any product, material or other thing that is,\nor could be, used in a building.\n","sortOrder":48},{"sectionNumber":"48","sectionType":"section","heading":"Notice of proposed rectification order","content":"48 Notice of proposed rectification order\n(1) This section applies if the registrar believes on reasonable grounds\n(a) residential building work was or is being undertaken by, or\nunder an arrangement with, a property developer in a way that\ncould result in a serious defect in the building; or\n(b) a regulated residential building constructed by, or under an\narrangement with, a property developer has a serious defect.\n\n(2) The registrar may give the property developer a written notice\n(a proposed rectification order notice) that—\n(a) gives details of the proposed rectification order; and\n(b) explains why the registrar proposes to make the order; and\n(c) states that the property developer may give the registrar a written\nsubmission about the proposed rectification order not later than\n28 days after the day the developer is given the notice.\n","sortOrder":49},{"sectionNumber":"49","sectionType":"section","heading":"Making rectification orders","content":"49 Making rectification orders\n(a) has given a property developer a proposed rectification order\nnotice in relation to residential building work; and\nsection 48 (2) (c); and\n(c) is satisfied it is appropriate to make an order under this section.\n(2) The registrar may make an order (a rectification order) against a\nproperty developer requiring any of the following:\n(a) stated action (the required rectification work) to be taken to\nrectify the serious defect, or possible serious defect, within a\nstated period not less than 1 month after the day the rectification\norder is given;\n(b) stated information to be given to the registrar about the required\nrectification work;\n(c) any other thing reasonably necessary to ensure the required\nrectification work is done.\n(3) A rectification order—\n(a) may, but need not, state how required rectification work is to be\ndone; and\n\n(b) must state that it is an offence under section 54 to fail to comply\nwith the order.\n(4) The registrar may only make a rectification order before the latest of\nthe following:\n(a) if the registrar first became aware of the serious defect, or\npossible serious defect, within 6 months before the end of the\n10-year period—1 year after the registrar became aware of the\nserious defect, or possible serious defect;\n(b) if the registrar gives a proposed rectification order notice before\nthe end of the 10-year period—1 year after the notice is given;\n(c) in any other case—the day the 10-year period ends.\n(5) A copy of the rectification order must be given to—\n(a) the owner of the land on which the residential building work is\nundertaken; or\n(b) for a regulated residential building under a units plan—the unit\nowner and the owners corporation.\n10-year period means the period within which a building action may\nbe brought in relation to the residential building work under the\nBuilding Act 2004, section 142 (1).\nowners corporation—see the Unit Titles (Management) Act 2011,\nunits plan—see the Unit Titles Act 2001, dictionary.\n","sortOrder":50},{"sectionNumber":"50","sectionType":"section","heading":"Emergency rectification orders","content":"50 Emergency rectification orders\n(1) This section applies if the registrar is satisfied a serious defect, or\npossible serious defect, in relation to residential building work needs\nto be rectified urgently to protect the health or safety of people,\nproperty or the environment.\n\n(2) The registrar may make a rectification order (an emergency\nrectification order) under section 49 without giving the property\ndeveloper a proposed rectification order notice.\n(3) An emergency rectification order must—\n(a) state a period not less than 24 hours in which the required\nrectification work must be done; and\n(b) contain a detailed written statement of the reasons for making\nthe order, or a summary of reasons.\n(4) If a summary of reasons is provided, the registrar must give the\nproperty developer a detailed written statement of the reasons within\n7 days after the day the emergency rectification order is made.\n","sortOrder":51},{"sectionNumber":"51","sectionType":"section","heading":"Rectification orders—more than 1 property developer","content":"51 Rectification orders—more than 1 property developer\n(1) This section applies if there is more than 1 property developer in\nrelation to residential building work.\n(2) A rectification order may be given to 2 or more property developers\nin relation to the residential building work to which the order relates,\nhowever, the order is not invalid merely because it was not given to\nanother developer.\n(3) If the rectification order is given to 2 or more property developers—\n(a) the order applies jointly and severally to the developers given\nthe order; and\n(b) any of those developers may comply with the order without\naffecting the liability of the other developers or anyone else to\npay for or contribute towards the cost of complying with the\norder; and\n\n(c) the order is not affected by any existing or future claim a person\nmay make against another person, or any existing or future\nproceeding in relation to a claim, in relation to the residential\nbuilding work to which the order relates.\nExample—par (c)\nOwners of an apartment building have commenced proceedings against the\nbuilder for damages in relation to serious defects in the building. There are\nalso proceedings on foot between the property developer and the builder in\nrelation to the defects. The registrar may issue a rectification order against\nthe builder and property developer regardless of those proceedings. The\nexisting proceedings or any new civil proceedings do not stay the operation\nof the rectification order and the builder and property developer are jointly\nand severally liable to comply with the order.\n(4) Subsection (3) does not apply to a property developer given a\nrectification order only because of section 49 (5) (a).\n(5) Nothing in this part affects the right of a property developer to recover\nfrom any other developer or other person all or any of the costs\nincurred by the developer in complying with a rectification order.\n","sortOrder":52},{"sectionNumber":"52","sectionType":"section","heading":"Registrar may give rectification order to directors if","content":"52 Registrar may give rectification order to directors if\nproperty developer wound up etc\n(1) This section applies if—\n(a) the registrar—\n(i) believes on reasonable grounds that making a rectification\norder against a property developer is appropriate; or\n(ii) makes a rectification order against a property developer;\nand\n(b) the property developer is a corporation; and\n(c) before, or after, the registrar makes the order—\n(i) the property developer becomes the subject of a\nwinding-up order; or\n\n(ii) the developer is placed into administration, receivership or\nliquidation; or\n(iii) the developer is deregistered.\n(2) If the registrar is satisfied it is appropriate to do so, the registrar may,\nin relation to each person who was a director of the property\ndeveloper at or after the time the residential building work resulting\nin the serious defect, or possible serious defect, was undertaken or\nstopped being undertaken—\n(a) if a rectification order has not been given to the property\ndeveloper—give each person a proposed rectification order\nnotice in accordance with section 48 as if they were the property\ndeveloper; and\n(b) make a rectification order in accordance with section 49 against\neach person as if they were the property developer.\n(3) In considering whether it is appropriate to take action under\nsubsection (2), the registrar must consider—\n(a) if a latent defects insurance policy or other similar insurance\npolicy covers the work required to rectify the serious defect, or\npossible serious defect; and\n(b) any other matter prescribed by regulation.\n(4) This section does not apply to—\n(a) a person who was a director of a territory entity or a\nCommonwealth or State entity; or\n(b) a person excluded by regulation.\n\n","sortOrder":53},{"sectionNumber":"53","sectionType":"section","heading":"Occupier of land may be required to permit rectification","content":"53 Occupier of land may be required to permit rectification\nwork\n(1) If a rectification order is made against a person, the registrar may, in\nwriting, order the occupier of the land to permit reasonable access to\nthe land within a stated period (an access order) to allow the\nrectification order to be complied with.\n(2) A person commits an offence if the person fails to comply with an\naccess order.\n","sortOrder":54},{"sectionNumber":"54","sectionType":"section","heading":"Offence—failing to comply with rectification order","content":"54 Offence—failing to comply with rectification order\n(c) intended to not comply with the order.\n(c) is reckless about complying with the order.\n(b) fails to comply with the order.\n\nDivision 5.3 Rectification work arranged by Territory\nDivision 5.3 Rectification work arranged by\nTerritory\n55 Rectification by Territory—failure to comply with\nrectification order\n(1) This section applies if a person (the ordered party) against whom a\nrectification order is made contravenes the rectification order.\n(2) The Territory may, in writing, authorise a person (an authorised\ncontractor) to enter the land where the work to which the rectification\norder relates is to be done and—\n(a) take the action stated in the rectification order; or\n(b) start or finish the work stated in the rectification order.\n(3) The authorised contractor must—\n(a) give the occupier of the land written notice that they intend to\nenter the land at least 24 hours before entering the land; and\n(b) give a copy of the notice to the ordered party before entering the\nland.\n(4) The ordered party is liable for the reasonable cost incurred in doing\nanything under subsection (2) and the cost is taken to be a debt owing\nto the Territory.\n","sortOrder":55},{"sectionNumber":"56","sectionType":"section","heading":"Offence—hindering or obstructing authorised contractor","content":"56 Offence—hindering or obstructing authorised contractor\n(1) An person commits an offence if—\n(a) the Territory authorises a person to do something under\nsection 55 (the rectification work); and\n(b) the person knows the authorised contractor is authorised to do\nthe rectification work; and\n\nRectification work arranged by Territory Division 5.3\n(c) the person hinders or obstructs the authorised contractor in\ndoing the rectification work.\n(2) Strict liability applies to subsection (1) (c).\n","sortOrder":56},{"sectionNumber":"57","sectionType":"section","heading":"Damage etc by authorised contractor to be minimised","content":"57 Damage etc by authorised contractor to be minimised\n(1) In doing something, or purporting to do something, authorised under\nsection 55, the authorised contractor must take reasonable steps to\nensure that they, and anyone assisting them, cause as little\ninconvenience, detriment and damage as is practicable.\n(2) If the authorised contractor, or a person assisting them, damages\nanything in doing something, or purporting to do something,\nauthorised under section 55, the authorised contractor must give\nwritten notice of the details of the damage to the person the authorised\ncontractor believes on reasonable grounds is the owner of the thing.\n(3) If the damage occurs at premises entered under this part in the absence\nof the occupier, the notice may be given by securing it in a\nconspicuous place at the premises.\n","sortOrder":57},{"sectionNumber":"58","sectionType":"section","heading":"Compensation","content":"58 Compensation\n(1) A person may claim reasonable compensation from the Territory if\nthe person suffers loss or expense because of the exercise, or\npurported exercise, of a function under this part by an authorised\ncontractor or person assisting an authorised contractor.\n(2) Compensation may be claimed and ordered in a proceeding for—\n(a) compensation brought in a court of competent jurisdiction; or\n(b) an offence against this Act brought against the person making\nthe claim for compensation.\n\n(3) A court may order the payment of reasonable compensation for the\nloss or expense only if it is satisfied it is just to make the order in the\ncircumstances of the particular case.\n(4) A regulation may prescribe matters that may, must or must not be\ntaken into account by the court in considering whether it is just to\nmake the order.\n","sortOrder":58},{"sectionNumber":"59","sectionType":"section","heading":"Protection of authorised contractor from liability","content":"59 Protection of authorised contractor from liability\n(1) A person authorised under section 55 to do rectification work does\nnot incur civil liability for any rectification work done honestly for\nthis part.\n(2) Civil liability that would, apart from this section, attach to the\nauthorised contractor attaches instead to the Territory.\n","sortOrder":59},{"sectionNumber":"60","sectionType":"section","heading":"Stop work orders","content":"60 Stop work orders\n(1) This section applies if the registrar believes on reasonable grounds\n(a) residential building work is being, or is likely to be, undertaken\nby, or under an arrangement with, a property developer in a way\nthat could result in—\n(i) significant harm or loss to the public or occupiers or\npotential occupiers of the regulated residential building; or\n(ii) significant damage to property; or\n(b) residential building work is being undertaken and a relevant\nprovision requires a person to hold a licence in relation to the\nwork and—\n(i) no person holds a licence in relation to the work; or\n\nStop work orders Division 5.4\n(ii) if a person holds a licence in relation to the work—\n(A) regulatory action under part 4 is, or is proposed to be,\ntaken against the licensee or an associated entity of\nthe licensee; or\n(B) the licence prevents the building work being\nundertaken.\n(2) The registrar may give the property developer a written order (a stop\nwork order) requiring the property developer to ensure the residential\nbuilding work stops.\n(3) A stop work order—\n(a) must—\n(i) explain why the registrar is making the order; and\n(ii) state the time residential building work must stop, which\nmay be the time the order is given to the property\ndeveloper; and\n(iii) state it is an offence under section 61 not to comply with\nthe order; and\n(b) may include any condition the registrar considers appropriate.\n(4) A stop work order ends on the earliest of the following:\n(a) the registrar giving the property developer written notice\nrevoking the order;\n(b) any term stated in the order ending;\n(c) the period, starting 12 months from the day the order is given to\nthe developer, ending.\n\n(5) A copy of the stop work order must be given to—\n(a) the owner of the land on which the residential building work is\nbeing undertaken; and\n(b) the certifier for the residential building work.\ncertifier—see the Building Act 2004, dictionary.\nrelevant provision means—\n(a) the Planning Act 2023, section 162A; or\n(b) the Building Act 2004, section 27 (1) (ca), section 28AA and\nsection 69 (1) (c); or\n(c) the Civil Law (Sale of Residential Property) Act 2003,\ndivision 2A.2.\n","sortOrder":60},{"sectionNumber":"61","sectionType":"section","heading":"Offence—failing to comply with stop work order","content":"61 Offence—failing to comply with stop work order\n(c) intended to not comply with the order.\n(c) is reckless about not complying with the order.\n\nCompliance undertakings Division 5.5\n(b) fails to comply with the order.\n","sortOrder":61},{"sectionNumber":"62","sectionType":"section","heading":"Registrar may accept undertakings","content":"62 Registrar may accept undertakings\n(1) The registrar may accept a written undertaking (a compliance\nundertaking) given by the following in relation to residential building\nwork:\n(a) a property developer;\n(b) a director of a property developer that is a corporation if the\ndeveloper—\n(i) becomes the subject of a winding-up order; or\n(ii) is placed into administration, receivership or liquidation;\nor\n(iii) is deregistered.\n(2) A compliance undertaking may include an undertaking by the\nproperty developer or director to do 1 or both of the following:\n(a) take stated action in relation to—\n(i) a serious defect, or possible serious defect in the building;\nor\n(ii) a contravention of this Act or a relevant law;\n\n(b) provide the registrar with a financial security that may be\nclaimed or realised by the Territory to meet—\n(i) the costs of rectifying a serious defect, or possible serious\ndefect in the building; or\n(ii) the costs mentioned in section 64 (2) (Compliance cost\nnotices).\n(3) A compliance undertaking must state—\n(a) the circumstances in which the financial security may be\nclaimed or realised; and\n(b) the procedure for claiming or realising the financial security;\nand\n(c) that it is an offence under section 63 to fail to comply with an\nundertaking.\nfinancial security means a bank guarantee, bond or other form of\nsecurity acceptable to the registrar.\n","sortOrder":62},{"sectionNumber":"63","sectionType":"section","heading":"Offence—failing to comply with compliance undertaking","content":"63 Offence—failing to comply with compliance undertaking\n(b) fails to comply with the undertaking; and\n(c) intended to not comply with the undertaking.\n\nMiscellaneous Division 5.6\n(b) fails to comply with the undertaking; and\n(c) is reckless about not complying with the undertaking.\n(b) fails to comply with the undertaking.\n","sortOrder":63},{"sectionNumber":"64","sectionType":"section","heading":"Compliance cost notices","content":"64 Compliance cost notices\n(1) This section applies if the registrar does either of the following\n(a compliance action):\n(a) gives a person a rectification order or stop work order;\n(b) accepts a compliance undertaking from a person.\n(2) The registrar may give the person a written notice (a compliance cost\nnotice) requiring the person to pay all or any reasonable costs\nincurred by the Territory (including remuneration and other\nadministrative costs) relating to—\n(a) monitoring and ensuring that any required rectification work the\nsubject of a compliance action is done; and\n(b) investigations leading to the taking of a compliance action; and\n(c) preparation of a compliance action including legal costs; and\n(d) any other matter related to the compliance action.\n(3) An amount payable under a compliance cost notice is a debt owing to\nthe Territory.\n\n(4) A regulation may provide for the following:\n(a) how compliance cost notices are given;\n(b) the form of a notice;\n(c) limiting the amounts that may be required to be paid under a\nnotice or the matters in relation to which costs and expenses may\nbe required to be paid under the notice.\n","sortOrder":64},{"sectionNumber":"65","sectionType":"section","heading":"Exercise of powers unaffected by approvals etc","content":"65 Exercise of powers unaffected by approvals etc\n(1) To remove any doubt, the registrar is not prevented from exercising a\npower under this part in relation to a matter only because a certificate\nor approval (however described) has been issued in relation to the\nmatter under the following:\n(b) the Construction Occupations (Licensing) Act 2004 or an\noperational Act for that Act;\n(c) the Planning Act 2023.\noperational Act, for the Construction Occupations (Licensing)\nAct 2004—see that Act, section 16.\n\nPreliminary Division 6.1\n","sortOrder":65},{"sectionNumber":"66","sectionType":"section","heading":"Definitions—pt 6","content":"66 Definitions—pt 6\nauthorised person means a person appointed as an authorised person\nunder section 67.\nconnected—an activity or thing is connected with an offence if—\n(a) the offence has been committed in relation to it; or\n(b) it will provide evidence of the commission of the offence; or\n(c) it was used, is being used, or is intended to be used, to commit\nthe offence.\noccupier, of premises, includes—\n(a) any person an authorised person believes on reasonable grounds\nto be an occupier of the premises; and\n(b) a person apparently in charge of the premises.\noffence includes an offence that there are reasonable grounds for\nbelieving has been, is being, or will be, committed.\npremises includes the following:\n(a) land (whether or not vacant);\n(b) any part of a building, tent, stall or other structure (whether of a\npermanent or temporary nature);\n(c) a vehicle.\nwarrant means a warrant issued under division 6.5.\n\n","sortOrder":66},{"sectionNumber":"67","sectionType":"section","heading":"Appointment of authorised people","content":"67 Appointment of authorised people\nThe director-general may appoint a public servant as an authorised\nperson for this Act.\nNote For laws about appointments, see the Legislation Act, pt 19.3.\n","sortOrder":67},{"sectionNumber":"68","sectionType":"section","heading":"Identity cards","content":"68 Identity cards\n(1) The director-general must give an authorised person an identity card\n(a) states the authorised person’s name; and\n(b) states that the person is an authorised person; and\n(c) includes a recent photograph of the person; and\n(d) states the card’s date of issue and expiry; and\n(e) includes anything else prescribed by regulation.\n(2) A person must return their identity card to the director-general within\n7 days after the day the person stops being an authorised person.\nMaximum penalty: 1 penalty unit.\n(3) Subsection (2) does not apply to a person if their identity card is—\n(a) lost or stolen; or\n(b) destroyed by someone else.\n(4) An offence against this section is a strict liability offence.\n\nExercise of powers generally Division 6.2\n","sortOrder":68},{"sectionNumber":"69","sectionType":"section","heading":"Requirements before certain powers can be exercised","content":"69 Requirements before certain powers can be exercised\n(1) This section applies if an authorised person intends to exercise any of\nthe following powers:\n(a) giving a direction under section 71 (1) (Direction to give\ninformation);\n(b) giving a direction under section 72 (1) or (2) (Direction to give\nname and address);\n(c) entering premises under section 73 (1) (b) or (c) (Powers of\nauthorised person to enter premises);\n(d) giving a direction under section 75 (1) (e) (General powers on\nentry to premises).\n(2) Before exercising the power, the authorised person must—\n(a) either—\n(i) show their identity card to the affected person; or\n(ii) if the authorised person intends to exercise the power other\nthan in person—provide other evidence of the authorised\nperson’s identity to the affected person; and\n(b) tell the affected person the reason for exercising the power; and\n(c) tell the affected person about any relevant offence in relation to\nthe power.\nExamples—exercise of powers other than in person\n1 an authorised person emails a person giving them a direction to provide\ninformation\n2 an authorised person emails a person asking for consent to enter and search\nthe person’s premises using a remote-controlled surveillance device\n\n(3) The authorised person must ensure the matters mentioned in\nsubsection (2) are communicated in a way that the authorised person\nbelieves the affected person is likely to understand.\naffected person, in relation to the exercise of a power under this part,\nmeans—\n(a) the individual affected by the exercise of the power; or\n(b) if the person is not an individual—an employee, officer or agent\nof the person affected by the exercise of the power.\nrelevant offence means an offence against—\n(a) for a direction under section 71 (1)—section 71 (2); or\n(b) for a direction under section 72 (1) or (2)—section 72 (3); or\n(c) for a direction under section 75 (1) (e)—section 75 (2).\n","sortOrder":69},{"sectionNumber":"70","sectionType":"section","heading":"Privilege against self-incrimination does not apply","content":"70 Privilege against self-incrimination does not apply\n(1) If an authorised person gives a person a direction to provide\ninformation, a document or other thing under this part, the person is\nnot excused from complying with the direction on the ground that\ndoing so may—\n(a) tend to incriminate the person; or\n(b) expose the person to a penalty.\n(2) However, any information, document or thing obtained, directly or\nindirectly, because of the person’s compliance with the direction is\nnot admissible in evidence against the person in a civil or criminal\nproceeding, other than a proceeding for an offence arising out of the\nfalse or misleading nature of the information, document or thing.\n\nPower to obtain information Division 6.3\n","sortOrder":70},{"sectionNumber":"71","sectionType":"section","heading":"Direction to give information","content":"71 Direction to give information\n(1) An authorised person may, in writing, direct a relevant person to give\nthe authorised person information, a document or other thing within\na stated reasonable period if the information, document or thing is\nreasonably required by the authorised person for this Act.\nNote The Legislation Act, s 171 deals with the application of client legal\nprivilege.\n(2) A relevant person must take reasonable steps to comply with the\ndirection.\n(3) Subsection (2) does not apply to a relevant person unless the\nauthorised person—\n(a) complies with section 69 (Requirements before certain powers\ncan be exercised); and\n(b) explains the effect of section 70 (Privilege against\nself-incrimination does not apply).\nproperty developer—see section 46.\nrelevant person means—\n(a) a licensee; or\n(b) if the licensee is a corporation—an associated entity or key\nperson, or former associated entity or key person, for the\nlicensee; or\n(c) an employer or former employer of a licensee; or\n\n(d) a property developer; or\n(e) a person who may have information, a document or other thing\nthat is relevant to determining whether this Act has been\ncontravened; or\n(f) any other person prescribed by regulation.\n","sortOrder":71},{"sectionNumber":"72","sectionType":"section","heading":"Direction to give name and address","content":"72 Direction to give name and address\n(1) An authorised person may direct a person to state the person’s name\nand home address if the authorised person believes on reasonable\ngrounds that the person—\n(a) is involved in the commission of an offence against this Act; or\n(b) may be able to assist in the investigation of an offence against\nthis Act.\n(2) If the authorised person believes on reasonable grounds that\ninformation given in response to a direction under subsection (1) is\nfalse or misleading, the authorised person may direct the person to\nproduce evidence of the correctness of the information within a stated\nreasonable period.\n(3) A person must comply with a direction given to the person under this\nsection.\nNote It is an offence to make a false or misleading statement or give false or\nmisleading information (see Criminal Code, pt 3.4).\n(4) Subsection (3) does not apply to a person unless the authorised person\ncomplies with section 69 (Requirements before certain powers can be\nexercised).\nNote The defendant has an evidential burden in relation to the matter\nmentioned in s (4) (see Criminal Code, s 58).\n(5) An offence against this section is a strict liability offence.\n\nPower to enter premises Division 6.4\n","sortOrder":72},{"sectionNumber":"73","sectionType":"section","heading":"Powers of authorised person to enter premises","content":"73 Powers of authorised person to enter premises\n(1) For this Act, an authorised person may—\n(a) at any reasonable time, enter premises that the public is entitled\nto use or that are open to the public (whether or not on payment\nof money); or\n(b) at any time, enter premises with the occupier’s consent; or\n(c) at any time, enter premises—\n(i) to monitor compliance with this Act (including an\napproved code of practice) or a relevant law; or\n(ii) if the authorised person believes an offence against this Act\nis being, or is likely to be, or has just been, committed at\nthe premises; or\n(d) enter premises in accordance with a warrant.\n(2) However, subsection (1) (a) and (c) do not authorise entry into a part\nof the premises that is being used only for residential purposes.\n(3) If an authorised person wants to ask for consent to enter a building or\nother structure on the premises, the authorised person may, without\nthe occupier’s consent, enter any land that forms part of the premises\nto ask for the consent.\n(4) To remove any doubt, an authorised person may enter premises under\nsubsection (1) without payment of an entry fee or other charge.\n(5) An authorised person may—\n(a) enter the premises with 1 or more people who, in the opinion of\nthe authorised person, have knowledge or skills that could assist\nthe authorised person to carry out their functions; and\n(b) if entering the premises in accordance with a warrant—also\nenter the premises with necessary force.\n\n","sortOrder":73},{"sectionNumber":"74","sectionType":"section","heading":"Obtaining consent to entry","content":"74 Obtaining consent to entry\n(1) For section 73 (1) (b), an authorised person must—\n(a) before asking the occupier for consent—tell the occupier—\n(i) the purpose of the proposed entry; and\n(ii) the reason for, and identity of, any other person\naccompanying the authorised person; and\n(iii) that anything found and seized under this part may be used\nin evidence in court; and\n(iv) that consent may be refused; and\n(b) if the occupier consents to the entry—give the occupier a written\nrecord confirming—\n(i) the matters mentioned in paragraph (a); and\n(ii) that the occupier was told about those matters; and\n(iii) the time and date when the consent was given.\n(2) A court must find that the occupier did not consent if—\n(a) a question arises, in a proceeding before the court, whether the\noccupier consented to the authorised person entering the\npremises under this part; and\n(b) a record mentioned in subsection (1) (b) is not produced in\nevidence; and\n(c) it is not proved that the occupier consented to the entry.\n","sortOrder":74},{"sectionNumber":"75","sectionType":"section","heading":"General powers on entry to premises","content":"75 General powers on entry to premises\n(1) An authorised person who enters premises under this division may do\n1 or more of the following in relation to the premises or anything at\nthe premises:\n(a) examine anything;\n\nPower to enter premises Division 6.4\n(b) take a measurement or conduct a test;\n(c) take a sample;\n(d) take images, make audio or video recordings or any other kind\nof record;\n(e) if reasonably required for an authorised person to exercise a\npower under this division, direct the occupier of the premises, or\nanyone at the premises, to do 1 or more of the following:\n(i) give information, a document or other thing (including\ninformation, a document or thing that is not at the\npremises);\n(ii) produce a document or other thing (including a document\nor other thing that is not at the premises);\n(iii) answer a question;\n(iv) give the authorised person reasonable help to exercise a\npower under this part.\nNote The Legislation Act, s 171 deals with the application of client legal\nprivilege.\n(2) A person must take all reasonable steps to comply with a direction\ngiven under subsection (1) (e).\n(3) Subsection (2) does not apply in relation to a direction given to a\nperson under subsection (1) (e) (i), (ii) and (iii) unless, before giving\nthe direction, the authorised person—\n(a) complies with section 69 (Requirements before certain powers\ncan be exercised); and\n(b) explains the effect of section 70 (Privilege against\nself-incrimination does not apply) to the person.\n\n","sortOrder":75},{"sectionNumber":"76","sectionType":"section","heading":"Definitions—div 6.5","content":"76 Definitions—div 6.5\nIn this division:\nremote application—see section 77 (3).\nwarrant form—see section 80 (2).\nwarrant terms—see section 79 (2).\n","sortOrder":76},{"sectionNumber":"77","sectionType":"section","heading":"Application for warrant","content":"77 Application for warrant\n(1) An authorised person may apply to a magistrate for a warrant to enter\nthe premises and exercise the authorised person’s powers under this\npart.\n(2) The application must—\n(a) be sworn; and\n(b) state the grounds on which the warrant is sought.\n(3) However, if the authorised person considers it necessary because of\nurgent or other special circumstances, the authorised person may\nmake an application (a remote application) by—\n(a) preparing a written application stating the grounds on which a\nwarrant is sought; and\n(b) applying to the magistrate for the warrant other than in person\nbefore the written application is sworn.\n","sortOrder":77},{"sectionNumber":"78","sectionType":"section","heading":"Magistrate may refuse to consider application for warrant","content":"78 Magistrate may refuse to consider application for warrant\nuntil authorised person gives relevant information\nThe magistrate may refuse to consider an application for a warrant\nmade under section 77 until the authorised person gives the\nmagistrate all the information the magistrate requires about the\napplication in the way the magistrate requires.\n\nWarrants Division 6.5\n","sortOrder":78},{"sectionNumber":"79","sectionType":"section","heading":"Decision on application for warrant","content":"79 Decision on application for warrant\n(1) If an application for a warrant is made under section 77, the\nmagistrate may issue the warrant only if satisfied there are reasonable\ngrounds for suspecting—\n(a) there is a particular thing or activity connected with an offence\nagainst this Act; and\n(b) the thing or activity—\n(i) is, or is being engaged in, at the premises; or\n(ii) may be, or may be engaged in, at the premises within the\nnext 14 days.\n(2) The warrant must include the following information (the warrant\nterms):\n(a) a statement that an authorised person may, with any necessary\nassistance and force, enter the premises and exercise the\nauthorised person’s powers under this part;\n(b) details of the offence for which the warrant is issued;\n(c) the things that may be seized under the warrant;\n(d) the hours when the premises may be entered;\n(e) the date, within 14 days after the day of the warrant’s issue,\nwhen the warrant ends.\n","sortOrder":79},{"sectionNumber":"80","sectionType":"section","heading":"Warrant issued on remote application","content":"80 Warrant issued on remote application\n(1) A magistrate may issue a warrant on a remote application by—\n(a) immediately giving a written copy of the warrant to the\nauthorised person if it is practicable to do so; or\n(b) if it is not practicable to do so—tell the authorised person the\n(i) the warrant terms;\n\n(ii) the date and time the warrant is issued.\n(2) If the magistrate issues a warrant under subsection (1) (b), the\nauthorised person must complete a form of warrant (the warrant\nform) stating—\n(a) the magistrate’s name; and\n(b) the date and time the magistrate issued the warrant; and\n(c) the warrant terms.\n(3) The written copy of the warrant, or the warrant form properly\ncompleted by the authorised person, authorises the entry and the\nexercise of the authorised person’s powers under this part.\n(4) The authorised person must, as soon as is reasonably practicable—\n(a) swear the remote application; and\n(b) give the magistrate—\n(i) the sworn application; and\n(ii) if the authorised person completed a warrant form—the\nwarrant form.\n(5) On receiving the documents mentioned in subsection (4) (b), the\nmagistrate must attach them to the warrant.\n(6) A court must find that a power exercised by an authorised person was\nnot authorised by a warrant under this section if—\n(a) a question arises in a proceeding before the court whether the\nexercise of the power was authorised by a warrant; and\n(b) the warrant is not produced in evidence; and\n(c) it is not proved that the exercise of the power was authorised by\na warrant under this section.\n\nWarrants Division 6.5\n","sortOrder":80},{"sectionNumber":"81","sectionType":"section","heading":"Announcement before entry under warrant","content":"81 Announcement before entry under warrant\n(1) Before anyone enters premises under a warrant, an authorised person\nmust—\n(a) announce that they are authorised to enter the premises; and\n(b) give anyone at the premises an opportunity to allow entry to the\npremises; and\n(c) if the occupier of the premises is present at the premises—\nidentify themself to the person.\n(2) The authorised person is not required to comply with subsection (1)\nif they believe on reasonable grounds that immediate entry to the\npremises is required to ensure—\n(a) the safety of anyone (including themselves or any person\nassisting them); or\n(b) that the effective execution of the warrant is not frustrated.\n","sortOrder":81},{"sectionNumber":"82","sectionType":"section","heading":"Warrant etc to be given to occupier","content":"82 Warrant etc to be given to occupier\nIf the occupier of premises is present at the premises while a warrant\nis being executed, the authorised person must give to the occupier—\n(a) a copy of—\n(i) the warrant; or\n(ii) if section 80 (1) (b) applies—the warrant form; and\n(b) a document setting out the occupier’s rights and obligations.\n","sortOrder":82},{"sectionNumber":"83","sectionType":"section","heading":"Occupier entitled to watch search etc","content":"83 Occupier entitled to watch search etc\n(1) If the occupier of premises is present at the premises while a warrant\nis being executed, the occupier is entitled to watch the authorised\nperson, and any person assisting the authorised person, conduct any\nsearch and exercise any other power authorised by the warrant.\n\n(2) However, the occupier is not entitled to watch the authorised person\nor a person assisting the authorised person, exercise their powers if—\n(a) to do so would interfere with the powers being exercised; or\n(b) the occupier is under arrest, and allowing them to watch the\npowers being exercised would interfere with the objective of the\nwarrant.\n(3) This section does not prevent an authorised officer exercising powers\nunder this part in 2 or more areas of the premises at the same time.\n","sortOrder":83},{"sectionNumber":"84","sectionType":"section","heading":"Authorised person may seize things at premises","content":"84 Authorised person may seize things at premises\n(1) An authorised person who enters premises under this part—\n(a) may seize anything at the premises if satisfied on reasonable\ngrounds that—\n(i) the thing is connected with an offence against this Act; and\n(ii) the seizure is necessary to prevent the thing from being—\n(A) concealed, lost or destroyed; or\n(B) used to commit, continue or repeat the offence; and\n(b) if the premises were entered with the occupier’s consent—may\nalso seize anything at the premises if seizure of the thing is\nconsistent with the purpose of the entry told to the occupier\nwhen seeking the occupier’s consent; and\n(c) if the premises were entered under a warrant—may also seize\nanything at the premises that the authorised person is authorised\nto seize under the warrant.\n(2) Having seized a thing, the authorised person may—\n(a) remove the thing from the premises where it was seized to\nanother place; or\n\n(b) leave the thing at the premises where it is seized and restrict\naccess to it.\nNote If an authorised person seizes a thing, the authorised person must give a\nreceipt for it to the person from whom it was seized (see s 88).\n(3) If access to a seized thing is restricted under subsection (2) (b), the\nauthorised person must secure, in a conspicuous place at the premises,\na notice identifying that the thing is seized.\n","sortOrder":84},{"sectionNumber":"85","sectionType":"section","heading":"Moving things to another place for examination or","content":"85 Moving things to another place for examination or\nprocessing under warrant\n(1) A thing found at premises entered under a warrant may be moved to\nanother place for examination or processing to decide whether it may\nbe seized under the warrant if—\n(a) both of the following apply:\n(i) there are reasonable grounds for believing that the thing is\nor contains something to which the warrant relates;\n(ii) it is significantly more practicable to do so taking into\naccount the timeliness and cost of examining or processing\nthe thing at another place and the availability of expert\nassistance; or\n(b) the occupier of the premises agrees in writing.\n(2) The thing may be moved to another place for examination or\nprocessing for not longer than 72 hours.\n(3) An authorised person may apply to a magistrate for an extension of\ntime if they believe on reasonable grounds that the thing cannot be\nexamined or processed within 72 hours.\n(4) The authorised person must give notice of the application to the\noccupier of the premises, and the occupier is entitled to be heard on\nthe application.\n\n(5) If a thing is moved to another place under this section, the authorised\nperson must, if practicable—\n(a) tell the person from whom the thing was seized the address of\nthe place where, and time when, the examination or processing\nwill be carried out; and\n(b) allow the person from whom the thing was seized or their\nrepresentative to be present during the examination or\nprocessing.\n(6) The provisions of this part relating to the issue of warrants apply, with\nany necessary changes, to the giving of an extension under\nsubsection (3).\n","sortOrder":85},{"sectionNumber":"86","sectionType":"section","heading":"Owner etc may access seized things","content":"86 Owner etc may access seized things\nA person who would, apart from the seizure, be entitled to inspect a\nthing seized under this division may—\n(a) inspect the thing; and\n(b) make a visual recording of the thing; and\n(c) if the thing is a document—take extracts from, or make copies\nof, the thing.\n","sortOrder":86},{"sectionNumber":"87","sectionType":"section","heading":"Person must not interfere with seized things","content":"87 Person must not interfere with seized things\n(a) a thing has been seized under this division; and\n(b) the person interferes with the thing, or anything containing the\nthing; and\n(c) the person does not have the approval of an authorised person to\ninterfere with the thing.\n\n","sortOrder":87},{"sectionNumber":"88","sectionType":"section","heading":"Authorised person must give receipt for seized things","content":"88 Authorised person must give receipt for seized things\n(1) If an authorised person seizes a thing under this division, they must—\n(a) as soon as practicable after seizing the thing, give the person\nfrom whom the thing was seized a receipt for the thing; or\n(b) if complying with paragraph (a) is not practicable—secure a\nreceipt for the thing in a conspicuous place at the premises where\nthe thing was seized.\n(2) A receipt must include the following information:\n(a) a description of the thing seized;\n(b) the reasons why the thing was seized;\n(c) the authorised person’s name, and how they can be contacted;\n(d) if the thing is moved from the premises where it was seized—\nwhere the thing will be taken.\n","sortOrder":88},{"sectionNumber":"89","sectionType":"section","heading":"Return of seized things","content":"89 Return of seized things\n(1) Unless subsection (2) applies, a thing seized under this division must\nbe returned to its owner, or reasonable compensation must be paid to\nthe owner by the Territory for the loss of the thing.\n(2) The thing is not required to be returned and reasonable compensation\nis not required to be paid for it if—\n(a) both of the following apply:\n(i) a prosecution for an offence connected with the thing\n(a relevant offence) is started against the owner within the\n1-year period;\n(ii) the proceeding (including any appeal) is finalised and the\nowner is convicted or found guilty of the offence; or\n\n(b) an infringement notice for a relevant offence is served on the\nowner within the 1-year period and—\n(i) the owner gives notice disputing liability for the offence\n(a disputed liability notice) in accordance with the\nMagistrates Court Act 1930, section 132; and\n(ii) an information is laid in the Magistrates Court against the\nowner for the offence within 60 days after the day the\ndisputed liability notice is given; and\n(iii) the proceeding (including any appeal) is finalised and the\nowner is convicted or found guilty of the offence; or\n(c) an infringement notice for a relevant offence is served on the\nowner within the 1-year period and—\n(i) the infringement notice penalty for the offence is paid; and\n(ii) the notice is not withdrawn; or\n(d) a court makes an order under a territory law that the thing is\nforfeited to the Territory or must be otherwise dealt with.\n(3) If subsection (2) (a), (b) or (c) applies—\n(a) the thing is forfeited to the Territory; and\n(b) the registrar may direct that the thing be sold, destroyed or\notherwise disposed of.\n1-year period, in relation to a seized thing, means 12 months after the\nday the thing was seized.\n","sortOrder":89},{"sectionNumber":"90","sectionType":"section","heading":"Order disallowing seizure","content":"90 Order disallowing seizure\n(1) If a thing is seized under this division, a person claiming to be entitled\nto the thing may apply to the Magistrates Court for an order\ndisallowing the seizure.\n\n(2) The application—\n(a) must be made not later than 10 days after the day the thing is\nseized; and\n(b) must not be heard unless the applicant has served a copy of the\napplication on the registrar.\n(3) The registrar is entitled to appear as a respondent at the hearing of the\napplication.\n(4) The court must make an order disallowing the seizure of the thing if\nsatisfied—\n(a) the applicant would, apart from the seizure, be entitled to the\nreturn of the seized thing; and\n(b) the thing is not connected with an offence against this Act; and\n(c) possession of the thing by the person would not be an offence.\n(5) The court may also make an order disallowing the seizure if satisfied\nthere are exceptional circumstances justifying the making of the\norder.\n(6) If the court makes an order disallowing the seizure, the court may\nmake 1 or more of the following ancillary orders:\n(a) an order directing the registrar to return the thing to the applicant\nor to someone else who appears to be entitled to it;\n(b) if the thing cannot be returned or has depreciated in value\nbecause of the disallowed seizure—an order directing the\nTerritory to pay reasonable compensation;\n(c) an order about costs in relation to the application.\n\n","sortOrder":90},{"sectionNumber":"91","sectionType":"section","heading":"Damage etc to be minimised","content":"91 Damage etc to be minimised\n(1) In the exercise, or purported exercise, of a function under this part, an\nauthorised person must take reasonable steps to ensure that they, and\nany person assisting them, cause as little inconvenience, detriment\nand damage as is practicable.\n(2) If an authorised person, or a person assisting them, damages anything\nin the exercise or purported exercise of a function under this part, the\nauthorised person must give written notice of the details of the\ndamage to the person they believe on reasonable grounds is the owner\nof the thing.\n(3) If the damage occurs at premises entered under this part in the absence\nof the occupier, the notice may be given by securing it in a\nconspicuous place at the premises.\n","sortOrder":91},{"sectionNumber":"92","sectionType":"section","heading":"Compensation for exercise of enforcement powers","content":"92 Compensation for exercise of enforcement powers\n(1) A person may claim compensation from the Territory if the person\nsuffers loss or expense because of the exercise, or purported exercise,\nof a function under this part by—\n(a) an authorised person; or\n(b) a person assisting an authorised person.\n(2) Compensation may be claimed and ordered in a proceeding for—\n(a) compensation brought in a court of competent jurisdiction; or\n(b) an offence against this Act brought against the person making\nthe claim for compensation.\n(3) A court may order the payment of reasonable compensation for the\nloss or expense only if satisfied it is just to make the order in the\ncircumstances of the particular case.\n\nMiscellaneous Division 6.7\n(4) A regulation may prescribe matters that may, must or must not be\ntaken into account by the court in considering whether it is just to\nmake the order.\n\n","sortOrder":92},{"sectionNumber":"93","sectionType":"section","heading":"Offence—false or misleading representation about","content":"93 Offence—false or misleading representation about\n(b) the representation is false or misleading in a material particular;\nand\n(c) the person intends the representation to be false or misleading.\nMaximum penalty: 500 penalty units.\n(2) A person commits an offence if—\n(b) the representation is false or misleading in a material particular;\nand\n(c) the person is reckless about whether the representation is false\nor misleading.\n\nOffences Part 7\n(3) A person commits an offence if—\n(b) the representation is false or misleading in a material particular.\n","sortOrder":93},{"sectionNumber":"94","sectionType":"section","heading":"Offence—failure to comply with licence condition","content":"94 Offence—failure to comply with licence condition\n(1) A licensee commits an offence if—\n(b) the licensee fails to comply with the condition; and\n(c) the licensee intended to not comply with the condition.\nMaximum penalty: 500 penalty units.\n(2) A licensee commits an offence if—\n(b) the licensee fails to comply with the condition; and\n(c) the licensee is reckless about complying with the condition.\n(3) A licensee commits an offence if—\n(b) the licensee fails to comply with the condition.\n\n","sortOrder":94},{"sectionNumber":"95","sectionType":"section","heading":"Offence—failure to comply with approved code of","content":"95 Offence—failure to comply with approved code of\npractice\n(1) A licensee commits an offence if—\ncode of practice; and\n(c) the licensee intended to not comply with the approved code of\npractice.\n(2) A licensee commits an offence if—\ncode of practice; and\n(c) the licensee is reckless about complying with the approved code\nof practice.\n(3) A licensee commits an offence if—\ncode of practice.\n\nPreliminary Division 8.1\n","sortOrder":95},{"sectionNumber":"Div 8","sectionType":"division","heading":"1 Preliminary","content":"Division 8.1 Preliminary\n","sortOrder":96},{"sectionNumber":"96","sectionType":"section","heading":"Definitions—pt 8","content":"96 Definitions—pt 8\naggrieved person means a person who may make a complaint about\na licensee.\ncomplainant—see section 99 (1) (b).\nrespondent—see section 99 (1) (d).\n","sortOrder":97},{"sectionNumber":"97","sectionType":"section","heading":"When may someone complain about licensees?","content":"97 When may someone complain about licensees?\nA person may complain to the registrar about a licensee if the person\nbelieves on reasonable grounds the licensee—\n(a) has contravened this Act; or\n(b) has, when undertaking a residential development activity—\n(i) failed to meet the standard reasonably expected of a\nlicensee; or\n(ii) not demonstrated a level of competence reasonably\nexpected of a licensee; or\n(iii) engaged in improper or unethical conduct; or\n(c) has engaged in any other conduct prescribed by regulation.\n","sortOrder":98},{"sectionNumber":"98","sectionType":"section","heading":"Making a complaint on behalf of another person","content":"98 Making a complaint on behalf of another person\nThe following people may make a complaint under section 97 on\nbehalf of an aggrieved person:\n(a) a person who is the agent of the aggrieved person;\n\n(b) a person who has guardianship or control of the affairs of the\naggrieved person under another law or an order of a court or\ntribunal.\n","sortOrder":99},{"sectionNumber":"99","sectionType":"section","heading":"Form and contents of complaint","content":"99 Form and contents of complaint\n(1) A complaint must—\n(b) include the name and contact details of the aggrieved person\n(the complainant); and\n(c) for a complaint made by an agent or representative of an\naggrieved person—include the name and contact details of the\nagent or representative; and\n(d) include the name of the licensee the complaint is about\n(the respondent); and\n(e) include details of the complaint about the respondent.\n(2) However, the registrar may accept a complaint for consideration even\nif it does not comply with subsection (1).\n(3) If the registrar accepts a complaint for consideration and the\ncomplaint is not in writing, the registrar must require the complainant\nto put the complaint in writing unless there is a good reason for not\ndoing so.\n","sortOrder":100},{"sectionNumber":"100","sectionType":"section","heading":"Withdrawal of complaint","content":"100 Withdrawal of complaint\n(1) A complainant may withdraw a complaint at any time by giving\nwritten notice to the registrar.\n(2) If the complainant withdraws the complaint, the registrar—\n(a) is not required to continue to act on the complaint; and\n(b) may continue to act on the complaint if the registrar considers it\nappropriate to do so; and\n\nDealing with complaints Division 8.3\n(c) is not required to give the complainant notice of the outcome of\nthe complaint under section 106.\nDivision 8.3 Dealing with complaints\n","sortOrder":101},{"sectionNumber":"101","sectionType":"section","heading":"Notifying licensee about complaint","content":"101 Notifying licensee about complaint\nAs soon as practicable after accepting a complaint for consideration,\nthe registrar must give the respondent written notice that—\n(a) states that a complaint has been made about the respondent; and\n(b) includes details about the complaint.\n","sortOrder":102},{"sectionNumber":"102","sectionType":"section","heading":"Consideration of complaint","content":"102 Consideration of complaint\n(1) The registrar must take reasonable steps to consider each complaint\naccepted for consideration.\n(2) The registrar’s consideration of a complaint may be conducted in any\nway the registrar decides, unless otherwise expressly provided by this\nAct.\nExample—s (2)\nthe registrar may decide to split a complaint and consider the parts separately\n","sortOrder":103},{"sectionNumber":"103","sectionType":"section","heading":"Registrar may request information or statement","content":"103 Registrar may request information or statement\n(1) The registrar may, at any time, ask a complainant or respondent to\ngive the registrar information or a statement about the complaint.\nNote 1 It is an offence to make a false or misleading statement, give false or\nmisleading information or produce a false or misleading document (see\nCriminal Code, pt 3.4).\nNote 2 The Legislation Act, s 170 and s 171 deal with the application of the\nprivilege against self-incrimination and client legal privilege.\n(2) A request under subsection (1) must—\n(b) state the information or statement that the registrar requires; and\n\n(c) state a reasonable period for the person to comply with the\nrequest; and\n(d) state that the person may seek an extension of the period\nmentioned in paragraph (c) before or after the period ends.\n(3) The registrar may extend the period for the complainant or respondent\nto comply with a request under subsection (1) before or after the\nperiod ends.\n(4) If the complainant does not comply with a request under\nsubsection (1), the registrar may, but is not required to, take further\naction on the complaint.\n","sortOrder":104},{"sectionNumber":"104","sectionType":"section","heading":"No further action","content":"104 No further action\nThe registrar must not take further action on a complaint if satisfied\nthe complaint—\n(a) lacks substance or credibility; or\n(b) is frivolous, vexatious or was made other than in good faith; or\n(c) has been adequately dealt with, including by being referred to\nanother entity under section 105.\n","sortOrder":105},{"sectionNumber":"105","sectionType":"section","heading":"Registrar may refer complaint or matter to another entity","content":"105 Registrar may refer complaint or matter to another entity\n(1) The registrar may refer a complaint, together with any relevant\ndocuments or information in the registrar’s possession or control, to\nanother entity if satisfied the complaint can be more appropriately\ndealt with by the other entity.\nExamples—other entities\nbuilding inspector, fair work commissioner, commissioner for fair trading, work\nhealth and safety commissioner\n(2) The registrar may also refer a matter arising in relation to a complaint\nif satisfied it is appropriate for another entity to deal with the matter.\n\nMiscellaneous Division 8.5\n(3) Nothing in this section requires the other entity to deal with the\nreferred complaint or matter.\n","sortOrder":106},{"sectionNumber":"106","sectionType":"section","heading":"Notice of outcome of complaint consideration","content":"106 Notice of outcome of complaint consideration\n(1) The registrar must, after finalising a complaint under this part, give\nthe complainant and the respondent a written notice that includes\ninformation about the outcome of the complaint.\n(2) If, after finalising a complaint under this part, the registrar is satisfied\na ground for regulatory action exists in relation to a licensee, the\nregistrar must consider taking regulatory action against them under\ndivision 4.2 (Regulatory action).\nground for regulatory action—see section 33.\nDivision 8.5 Miscellaneous\n","sortOrder":107},{"sectionNumber":"107","sectionType":"section","heading":"Immunity from liability","content":"107 Immunity from liability\nIf a person makes a complaint in good faith—\n(a) the making of the complaint is not—\n(i) a breach of confidence; or\n(ii) a breach of professional etiquette or ethics; or\n(iii) a breach of a rule of professional conduct; and\n(b) the complainant does not incur civil or criminal liability only\nbecause of the making of the complaint.\n\n","sortOrder":108},{"sectionNumber":"108","sectionType":"section","heading":"Definitions—div 9.1","content":"108 Definitions—div 9.1\n(1) In this division:\nlaw of another jurisdiction means a law of the Commonwealth, a\nState or the Northern Territory.\nnon-territory agency means an agency of the Commonwealth, a State\nor the Northern Territory that exercises functions substantively\ncorresponding to those exercised by a public safety agency.\npublic safety agency means any of the following:\n(a) the registrar;\n(b) the director-general responsible for this Act or an operational\nAct;\n(c) an inspector appointed under an operational Act;\n(d) the director-general responsible for the Emergencies Act 2004;\n(e) the commissioner and chief officers appointed under the\nEmergencies Act 2004;\n(f) an inspector appointed under the Emergencies Act 2004;\n(g) the director-general responsible for the Work Health and Safety\n(h) the commissioner appointed under the Work Health and Safety\n(i) an inspector appointed under the Work Health and Safety\n(j) an agency prescribed by regulation.\n\nInformation sharing Part 9\nSharing public safety information Division 9.1\npublic safety information means information in relation to a situation\nthat presents, or is likely to present, a risk of death or injury to a\nperson, significant harm to the environment or significant damage to\nproperty, that is disclosed to, or obtained by, a public safety agency\nbecause the agency is, or has been, a public safety agency.\noperational Act means any of the following:\n(b) the Construction Occupations (Licensing) Act 2004;\n(c) the Dangerous Substances Act 2004;\n(d) the Electricity Safety Act 1971;\n(e) the Gas Safety Act 2000;\n(f) the Planning Act 2023;\n(g) the Professional Engineers Act 2023;\n(h) the Unit Titles Act 2001;\n(i) the Utilities Act 2000;\n(j) the Water and Sewerage Act 2000.\n","sortOrder":109},{"sectionNumber":"109","sectionType":"section","heading":"Sharing public safety information—territory agencies","content":"109 Sharing public safety information—territory agencies\n(1) A public safety agency may—\n(a) give public safety information to another public safety agency\n(the receiving agency); and\n(b) impose conditions on how the receiving agency uses, stores or\nshares the information.\n(2) A public safety agency (the requesting agency) may request public\nsafety information from another public safety agency.\n\n(3) If a public safety agency receives a request under subsection (2), the\nagency may comply with the request if satisfied the requesting agency\nwill use the information only to exercise a function given to the\nrequesting agency under a territory law.\n","sortOrder":110},{"sectionNumber":"110","sectionType":"section","heading":"Sharing public safety information—non-territory agencies","content":"110 Sharing public safety information—non-territory agencies\n(1) A public safety agency may give public safety information to a\nnon-territory agency if the public safety agency is satisfied—\n(a) the information relates to a function of the non-territory agency;\nand\n(b) the information relates to compliance with a law of the\nCommonwealth, a State or the Northern Territory that provides\nfor public safety; and\n(c) the non-territory agency that receives the information\n(the receiving agency) will use the information only to exercise\na function the receiving agency has under a law mentioned in\nparagraph (b); and\n(d) giving the information will not unreasonably compromise the\nexercise of a function under a territory law.\n(2) A public safety agency may impose conditions on how the\nnon-territory agency uses, stores or shares the public safety\ninformation.\n","sortOrder":111},{"sectionNumber":"Div 9","sectionType":"division","heading":"2 Unauthorised disclosure of protected","content":"Division 9.2 Unauthorised disclosure of protected\ninformation\n","sortOrder":112},{"sectionNumber":"111","sectionType":"section","heading":"Offences—use or divulge protected information","content":"111 Offences—use or divulge protected information\n(a) the person uses information; and\n(b) the information is protected information about someone else;\nand\n\nInformation sharing Part 9\nUnauthorised disclosure of protected information Division 9.2\n(c) the person is reckless about whether the information is protected\ninformation about someone else.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n(2) A person commits an offence if—\n(a) the person does something that divulges information; and\n(b) the information is protected information about someone else;\nand\n(c) the person is reckless about whether—\n(i) the information is protected information about someone\nelse; and\n(ii) doing the thing would result in the information being\ndivulged to someone else.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n(3) Subsections (1) and (2) do not apply—\n(a) if the information is used or divulged—\n(i) under this Act, another territory law, or another law\napplying in the ACT; or\n(ii) in relation to the exercise of a function by a public official\nunder this Act or another territory law; or\n(iii) in a court proceeding; or\n(b) to the using or divulging of protected information about a person\nwith the person’s consent.\n(4) A public official need not divulge protected information to a court, or\nproduce a document containing protected information to a court,\nunless it is necessary to do so for this Act or another law applying in\nthe ACT.\n\ncourt includes a tribunal, authority or person having power to require\nthe production of documents or the answering of questions.\ndivulge includes communicate or publish.\nproduce includes allow access to.\nprotected information means information about a person that is\ndisclosed to, or obtained by a public official because of the exercise,\nor the purported exercise, of a function under this Act by the public\nofficial or someone else.\nuse, in relation to information, includes make a record of the\ninformation.\n\nNotification and review of decisions Part 10\n","sortOrder":113},{"sectionNumber":"Part 10","sectionType":"part","heading":"Notification and review of","content":"Part 10 Notification and review of\ndecisions\n","sortOrder":114},{"sectionNumber":"112","sectionType":"section","heading":"Definitions—pt 10","content":"112 Definitions—pt 10\nACAT reviewable decision means a decision mentioned in\nschedule 1, part 1.2, column 3 under a provision of this Act\nmentioned in column 2 in relation to the decision.\naffected person means a person mentioned in schedule 1, column 4\nin relation to a decision.\ndecision-maker means the decision-maker for a reconsideration\napplication.\ninternally reviewable decision means a decision mentioned in\nschedule 1, part 1.1, column 3 under a provision of this Act\nmentioned in column 2 in relation to the decision.\ninternal review notice—see the ACT Civil and Administrative\nTribunal Act 2008, section 67B (1).\nreconsideration application—see section 113 (1).\n","sortOrder":115},{"sectionNumber":"113","sectionType":"section","heading":"Applications for reconsideration","content":"113 Applications for reconsideration\n(1) An affected person may make an application for reconsideration of\nan internally reviewable decision (a reconsideration application).\n(2) A reconsideration application must—\n(b) set out the grounds on which reconsideration is sought; and\n(c) be made not later than—\n(i) 28 days after the day the internal review notice is given to\nthe affected person; or\n\nPart 10 Notification and review of decisions\n(ii) any longer period allowed by the registrar.\n(3) The making of a reconsideration application does not stay the\ninternally reviewable decision or otherwise prevent action being\ntaken as a result of the decision.\n","sortOrder":116},{"sectionNumber":"114","sectionType":"section","heading":"Reconsideration of internally reviewable decisions","content":"114 Reconsideration of internally reviewable decisions\n(1) Within 30 days after receiving a reconsideration application, the\ndecision-maker must—\n(a) reconsider the internally reviewable decision; and\n(b) confirm, vary or set aside the decision.\n(2) The decision-maker must be a different person to the person who\nmade the internally reviewable decision.\n(3) If the decision-maker does not confirm, vary or set aside the internally\nreviewable decision within 30 days after receiving the\nreconsideration application, the decision-maker is taken to have\nconfirmed the decision.\n","sortOrder":117},{"sectionNumber":"115","sectionType":"section","heading":"Reviewable decision notice","content":"115 Reviewable decision notice\nIf the decision-maker makes an ACAT reviewable decision, the\ndecision-maker must give a reviewable decision notice to the registrar\nand each affected person.\nNote The decision-maker must also take reasonable steps to give a reviewable\ndecision notice to any other person whose interests are affected by the\ndecision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).\n","sortOrder":118},{"sectionNumber":"116","sectionType":"section","heading":"Applications for review of ACAT reviewable decisions","content":"116 Applications for review of ACAT reviewable decisions\nAn affected person may apply to the ACAT for a review of an ACAT\nreviewable decision.\n\nMiscellaneous Part 11\n","sortOrder":119},{"sectionNumber":"117","sectionType":"section","heading":"Codes of practice","content":"117 Codes of practice\n(1) The Minister may approve a code of practice (an approved code of\npractice) for the following (a relevant property developer):\n(a) licensees; and\n(b) any other person prescribed by regulation undertaking\nresidential development activities.\n(2) An approved code of practice is a disallowable instrument.\n(3) A relevant property developer must comply with an approved code of\npractice.\nNote It is an offence under s 95 for a licensee not to comply with an approved\ncode of practice.\n","sortOrder":120},{"sectionNumber":"118","sectionType":"section","heading":"Competency requirements for property developers","content":"118 Competency requirements for property developers\n(1) The Minister may determine qualifications, experience, continuing\nprofessional development or other competencies (a competency\nrequirement) that a person must have to be a licensee.\n(2) A determination is a disallowable instrument.\n(3) A licensee must comply with a competency requirement.\n","sortOrder":121},{"sectionNumber":"119","sectionType":"section","heading":"Protection of public officials from liability","content":"119 Protection of public officials from liability\n(1) A public official is not civilly liable for conduct engaged in honestly\nand without recklessness—\n(a) in the exercise of a function under this Act or another territory\nlaw; or\n(b) in the reasonable belief that the conduct was in the exercise of a\nfunction under this Act or another territory law.\n\n(2) Any liability that would, apart from this section, attach to the public\nofficial attaches instead to the Territory.\n","sortOrder":122},{"sectionNumber":"120","sectionType":"section","heading":"Applying, adopting or incorporating documents in","content":"120 Applying, adopting or incorporating documents in\nregulations and instruments\n(1) A regulation or instrument may apply, adopt or incorporate (with or\nwithout change or modification)—\n(a) a law or an Australian Standard as in force from time to time; or\n(b) another instrument as in force from time to time.\n(2) The Legislation Act, section 47 (6) does not apply to a document\napplied, adopted or incorporated under subsection (1).\nNote An instrument under s (1) (b) does not need to be notified under the\nLegislation Act because s 47 (6) does not apply (see Legislation Act,\ns 47 (7)).\n(3) The director-general must ensure that an instrument that is applied,\nadopted or incorporated under subsection (1) (b) is—\n(a) available for inspection by anyone without charge during\nordinary business hours at an ACT government office; or\n(b) accessible on an ACT government website, or by a link on an\nACT government website.\n(4) An instrument that is applied, adopted or incorporated under\nsubsection (1) is not enforceable by or against the Territory or anyone\nelse unless it is made accessible in accordance with subsection (3).\n","sortOrder":123},{"sectionNumber":"121","sectionType":"section","heading":"Determination of fees","content":"121 Determination of fees\n(1) The Minister may determine fees for this Act.\n(2) A determination is a disallowable instrument.\n","sortOrder":124},{"sectionNumber":"122","sectionType":"section","heading":"Regulation-making power","content":"122 Regulation-making power\nThe Executive may make regulations for this Act.\n\nMiscellaneous Part 11\n","sortOrder":125},{"sectionNumber":"123","sectionType":"section","heading":"Review of Act","content":"123 Review of Act\n(1) The Minister must, as soon as practicable after the end of this Act’s\n5th year of operation—\n(a) review the operation and effectiveness of this Act; and\n(b) present a report of the review to the Legislative Assembly.\n(2) This section expires 7 years after the day it commences.\n\n","sortOrder":126},{"sectionNumber":"124","sectionType":"section","heading":"Transitional regulations","content":"124 Transitional regulations\n(1) A regulation may prescribe transitional matters necessary or\nconvenient to be prescribed because of the enactment of this Act.\n(2) A regulation may modify this part (including in relation to another\nterritory law) to make provision in relation to anything that, in the\nExecutive’s opinion, is not, or is not adequately or appropriately,\ndealt with in this part.\n(3) A regulation under subsection (2) has effect despite anything\nelsewhere in this Act or another territory law.\nNote A transitional provision under s (1) continues to have effect after its\nrepeal, however, a modification under s (2) has no ongoing effect after its\nrepeal (see Legislation Act, s 88).\n","sortOrder":127},{"sectionNumber":"125","sectionType":"section","heading":"Expiry—pt 12","content":"125 Expiry—pt 12\nThis part expires 7 years after the day it commences.\n\nConsequential amendments Part 13\n","sortOrder":128},{"sectionNumber":"Part 13","sectionType":"part","heading":"Consequential amendments","content":"Part 13 Consequential amendments\n","sortOrder":129},{"sectionNumber":"126","sectionType":"section","heading":"Legislation amended—sch 2","content":"126 Legislation amended—sch 2\nThis Act amends the legislation mentioned in schedule 2.\n\nSchedule 1 Reviewable decisions\nPart 1.1 Internally reviewable decisions\nSchedule 1 Reviewable decisions\n(see pt 10)\nPart 1.1 Internally reviewable decisions\nitem\n1 11 (3) refuse to consider\nlicence application\napplicant for licence\n2 13 (3) refuse to consider\nrenewal application\napplicant for licence renewal\n3 15 (3) refuse to consider\napplication further\napplicant for licence or\nlicence renewal\n4 17 (1) (b) refuse to give licence applicant for licence\n5 17 (2) (b) refuse to renew licence applicant for licence renewal\n6 19 (1) (f) impose condition on\n7 22 vary, or refuse to vary,\n8 41 refuse to cancel licence licensee\n","sortOrder":130},{"sectionNumber":"Part 1","sectionType":"part","heading":"2 ACAT reviewable decisions","content":"Part 1.2 ACAT reviewable decisions\nitem\n1 27 (1) refuse to approve\napproval application\napplicant for approval\n2 27 (3) (b) (i) impose condition on\n3 29 vary, or refuse to vary,\n\nReviewable decisions Schedule 1\nACAT reviewable decisions Part 1.2\nitem\n4 30 (1) refuse to revoke\n5 30 (2) revoke approval rating entity\n6 35 take regulatory action licensee\n7 38 immediately suspend\nor cancel licence\n8 40 refuse to revoke\nimmediate suspension\nor cancellation\n9 49 (2) give rectification order\nto property developer\nperson given order\n10 52 (2) give rectification order\nto director\nperson given order\n11 60 (2) give stop work order person given order\n12 64 (2) give compliance cost\nnotice\nperson given notice\n13 114 confirm, vary or set\naside internally\nreviewable decision\nperson applying for\nreconsideration\n\nAmendment [2.1]\nU Schedule 2 Consequential amendments\n(see s 126)\nU Part 2.1 Building Act 2004\n[2.1] Section 6 (1), definition of building work, note\nomit\n(Residential buildings—statutory warranties, standard conditions, insurance and\nfidelity certificates)\n[2.2] New section 27 (1) (ca)\n(ca) if the application relates to residential building work—each\nperson arranging for the building work to be carried out or a\nrelated entity of the person—\n(i) holds a property developer licence; and\n(ii) is not restricted under their licence from arranging for the\nwork to be carried out; and\n[2.3] New section 27 (1A)\n(1A) Subsection (1) (ca) does not apply to the following:\n(a) the Territory, the Commonwealth or a State;\n\nAmendment [2.4]\n(b) a territory entity or a Commonwealth or State entity;\n(c) a person, or an application under section 26, excluded by\nregulation.\n[2.4] Section 27 (2), new definitions\nproperty developer licence means a licence under the Property\nDevelopers Act 2024.\nrelated entity, of a person, means—\n(a) for a corporation—a corporation that holds all of the issued\nshare capital of the corporation; or\n\nAmendment [2.5]\n[2.5] New section 28AA\nbefore section 28A, insert\n28AA Approval of certain residential building work when\nproperty developer licence required\n(1) This section applies to a building approval for residential building\nwork if a person is required to hold a property developer licence\nbecause of section 27 (1) (ca) in relation to the application for\napproval.\n(2) The approval is subject to a condition that—\n(a) the residential building work the subject of the approval may\nonly be carried out or arranged to be carried out by a person who\nholds a property developer licence or whose related entity holds\na property developer licence; and\n(b) the relevant property developer licensee is not restricted under\ntheir licence from carrying out the residential building work.\nproperty developer licence—see section 27 (2).\nrelated entity—see section 27 (2).\nresidential building work—see section 27 (2).\n[2.6] New sections 48A and 48B\nin division 3.6, insert\n","sortOrder":131},{"sectionNumber":"48A","sectionType":"section","heading":"Approval of building manual","content":"48A Approval of building manual\n(1) This section applies if a certifier is satisfied building work has been\ncompleted in accordance with section 48 (1).\n(2) The building licensee in charge of the building may give the certifier\na draft building manual for the building work and apply to the certifier\nfor approval of the manual.\n\nAmendment [2.7]\n(3) The certifier may only approve the draft building manual for the\nbuilding work if satisfied the draft manual complies with the\nrequirements prescribed by regulation.\nNote The registrar cannot issue a certificate of occupancy for certain building\nwork if a building manual approved by the certifier for the work has not\nbeen given to the registrar (see s 69 (1) (d)).\nbuilding manual, in relation to a building, means a manual for the\nongoing management of the building.\n","sortOrder":132},{"sectionNumber":"48B","sectionType":"section","heading":"Offence—false or misleading information in building","content":"48B Offence—false or misleading information in building\nmanual\n(a) the person gives a certifier a draft building manual for approval\nunder section 48A; and\n(b) the draft manual contains information that is false or misleading\nin a material particular.\n[2.7] New section 69 (1) (c)\nbefore note 1, insert\n(c) if the approval is subject to a condition under section 28AA\n(Approval of certain residential building work when property\ndeveloper licence required)—the condition has been complied\nwith.\n\nAmendment [2.8]\n[2.8] New section 69 (1) (d)\nbefore note 1, insert\n(d) if required by regulation—the application includes a building\nmanual for the building work approved by the certifier in\naccordance with section 48A.\n[2.9] Section 69 (2C) (c)\nomit\n[2.10] Section 73\nomit\n[2.11] Part 6 heading\n","sortOrder":133},{"sectionNumber":"Part 6","sectionType":"part","heading":"Residential building work—","content":"Part 6 Residential building work—\nwarranties, conditions, insurance\netc\n\nAmendment [2.12]\n[2.12] Section 84, new definitions\nproperty developer, in relation to residential building work—\n(a) means—\n(i) a person who contracts or arranges for, or facilitates or\notherwise causes (whether directly or indirectly) the\nbuilding work to be carried out; or\n(ii) the owner of the land on which the building work is carried\nout when the building work is carried out; or\n(iii) a person prescribed by regulation; but\n(b) does not include—\n(i) the Territory, the Commonwealth or a State; or\nNote State includes the Northern Territory (see Legislation Act,\ndict, pt 1).\n(ii) a territory entity or a Commonwealth or State entity; or\n(iii) a person excluded by regulation.\n\nAmendment [2.13]\n[2.13] New section 88 (2A)\n(2A) If a property developer arranges for the residential building work the\nsubject of the contract mentioned in subsection (1) (the building\ncontract) to be carried out, for any part of the work that is residential\nbuilding work as defined in the Property Developers Act 2024—\n(a) the building contract also contains a warranty by the property\ndeveloper in relation to the matters mentioned in\nsubsection (2) (a) to (d); and\n(b) the warranty under paragraph (a) is in addition to and does not\nlimit the warranty by the builder under subsection (2); and\n(c) the warranty by the builder under subsection (2) does not limit\nthe warranty by the property developer under paragraph (a).\n[2.14] New section 88 (4A) and (4B)\n(4A) Subsection (2A) does not apply to a building contract entered into\nbefore the commencement of this subsection.\n(4B) Subsection (4A) and this subsection expire 5 years after the day they\ncommence.\nNote Subsection (4A) continues to have effect after its expiry (see Legislation\nAct, s 88).\n[2.15] Section 89 heading\n89 Builder’s and property developer’s liability\n\nAmendment [2.16]\n[2.16] Section 89\nafter\na builder\nor a property developer\n[2.17] New division 6.2B\n","sortOrder":134},{"sectionNumber":"Div 6","sectionType":"division","heading":"2B Defective building work","content":"Division 6.2B Defective building work\n","sortOrder":135},{"sectionNumber":"89F","sectionType":"section","heading":"Affected party may require builder or property developer","content":"89F Affected party may require builder or property developer\nto rectify defect after completion\n(1) This section applies to residential building work carried out by a\nbuilder, or arranged to be carried out by a property developer, that\nis—\n(a) claimed to be defective; and\n(b) able to be rectified.\n(2) An affected party may give written notice to the builder and any\nproperty developer, within 2 years after the completion day for the\nresidential building work requiring the defective work to be rectified.\n(3) If a notice is given in accordance with subsection (2), in any\nproceeding in which the affected party claims that the residential\nbuilding work is defective it is presumed that it is defective and able\nto be rectified unless the contrary is proven.\n(4) Nothing in this section affects the right of an affected party to claim\nfrom the builder, and any property developer, damages for any loss\nor damage to the affected party resulting from the defect that is\nreasonably foreseeable as a result of the defect (including a limitation\nperiod applying to the claim).\n\nAmendment [2.17]\n(5) Nothing in this section affects a warranty under section 88.\n(6) This section does not apply to residential building work carried out—\n(a) before the commencement of this section; or\n(b) under a contract entered into before the commencement of this\nsection.\n(7) Subsection (6) and this subsection expire 5 years after the day this\nsection commences.\nNote Subsection (6) continues to have effect after its expiry (see Legislation\nAct, s 88).\n(8) In this section:\naffected party, in relation to residential building work—\n(a) means—\n(i) the owner of the building or the land on which the building\nwork was carried out, whether or not that person was a\nparty to the contract for the building work or the contract\nfor sale of the building; or\n(ii) a person prescribed by regulation; but\n(b) does not include a person excluded by regulation.\n\nAmendment [2.18]\n[2.18] New division 6.3A\nDivision 6.3A Latent defects insurance\n","sortOrder":136},{"sectionNumber":"95A","sectionType":"section","heading":"Requirements for latent defects insurance","content":"95A Requirements for latent defects insurance\n(1) A regulation may provide for the following matters:\n(a) when latent defects insurance is required for residential building\nwork;\n(b) requirements for latent defects insurance policies;\n(c) requirements for insurers issuing latent defects insurance;\n(d) any other matter relevant to paragraph (a), (b) or (c).\n[2.19] Dictionary, note 2\n\nAmendment [2.20]\n[2.20] Dictionary, definition of actuary etc\nomit\nin the dictionary definitions of\n• actuary\n• approval criteria\n• approved scheme\n• builder\n• building\n• building work\n• completion day\n• complying residential building work insurance\n• cost\n• fidelity certificate\n• fidelity fund scheme\n• insurable residential building\n• insurable residential building work\n\nAmendment [2.21]\n[2.21] Dictionary, new definitions\nCommonwealth or State entity, for part 6 (Residential building\nwork—warranties, conditions, insurance etc)—see section 84.\nproperty developer, for part 6 (Residential building work—\nwarranties, conditions, insurance etc)—see section 84.\nterritory entity, for part 6 (Residential building work—warranties,\nconditions, insurance etc)—see section 84.\n[2.22] Dictionary, definition of prudential standards etc\nomit\nin the dictionary definitions of\n• prudential standards\n• residential building\n• residential building work\n• special actuary\n• storey\n\n","sortOrder":137},{"sectionNumber":"Part 2","sectionType":"part","heading":"2 Building (General) Regulation 2008","content":"Part 2.2 Building (General) Regulation 2008\nAmendment [2.23]\nU Part 2.2 Building (General)\nRegulation 2008\n[2.23] New section 30A (c) (via)\n(via) if a person is required to hold a property developer licence\nbecause of the Act, section 27 (1) (ca) in relation to the\nbuilding work—\n(A) the name and licence number of the licensee; and\n(B) a contact telephone number for the property\ndeveloper licensee; and\n(C) for a corporation—the property developer licensee\nACN or ABN;\n[2.24] Part 4 heading\n","sortOrder":138},{"sectionNumber":"Part 4","sectionType":"part","heading":"Residential building work—","content":"Part 4 Residential building work—\nwarranties, conditions, insurance\netc\n[2.25] Section 37\nomit\n\nBuilding (General) Regulation 2008 Part 2.2\nAmendment [2.26]\n[2.26] New section 37A\n","sortOrder":139},{"sectionNumber":"37A","sectionType":"section","heading":"People who are not property developers—Act, s 84,","content":"37A People who are not property developers—Act, s 84,\ndef property developer, par (b) (iii)\n(1) The following people are excluded:\n(a) a professional who contracts or arranges for, or facilitates or\notherwise causes the residential building work to be carried out\nonly because they provide professional advice in relation to the\nbuilding work;\n(b) a subcontractor engaged to carry out the residential building\nwork by the principal builder of the building work;\n(c) the owner-builder of the residential building work.\nprofessional—\n(a) means a person who provides professional advice to more than\n1 client; but\n(b) does not include a person who provides professional advice to a\nclient in their capacity as an employee of the client.\nExample\na consultant, employed in that capacity by a firm of consultants engaged by a\nproperty developer to give the developer advice in relation to residential building\nwork\n\nPart 2.3 Civil Law (Property) Act 2006\nAmendment [2.27]\n[2.27] Schedule 1, part 1.3, table, column 3\nomit\n(Residential buildings—statutory warranties, standard conditions, insurance and\nfidelity certificates)\nU Part 2.3 Civil Law (Property) Act 2006\n[2.28] Section 260 (1), new note\nNote The Civil Law (Sale of Residential Property) Act 2003, div 2A.3 requires\nadditional matters to be disclosed before an off-the-plan contract in\nrelation to the construction of a residence may be entered into.\nU Part 2.4 Civil Law (Sale of Residential\nProperty) Act 2003\n[2.29] New section 9 (1) (ja)\n(ja) for an off-the-plan contract—a statement about the\nmatters mentioned in section 19AD (1) (but not including\nparagraph (b));\nNote If the off-the-plan contract relates to a unit, a disclosure statement\nmentioned in par (g) (ii) must also be included in the proposed\ncontract.\n[2.30] Section 9 (4), new definition of off-the-plan contract\noff-the plan contract—see section 19AA (1).\n\n[2.31] New divisions 2A.1 to 2A.3\nbefore section 19A, insert\n","sortOrder":140},{"sectionNumber":"Div 2A","sectionType":"division","heading":"1 Preliminary","content":"Division 2A.1 Preliminary\n19AA Definitions—pt 2A\n(1) In this part:\ncertificate of occupancy—see the Building Act 2004, dictionary.\nCommonwealth, a State or the Northern Territory that substantially\ncorresponds to a territory entity.\noff-the-plan contract—\n(a) means a contract for the sale of—\n(i) a unit for residential use before the units plan for the unit\nis registered; or\n(ii) a residence (other than a unit) on land identified in the\ncontract before the certificate of occupancy for the\nresidence is issued; and\n(b) for division 2A.4—includes a contract for the sale of vacant land\nfor residential use identified in the contract before the Crown\nlease for the land is registered.\nproperty developer licence means a licence issued under the Property\nDevelopers Act 2024, part 2.\nregulated residential building—see the Property Developers\nAct 2024, dictionary.\n\nrelated entity, of a seller, means—\n(a) if the seller is a corporation—a corporation that holds all of the\nissued share capital of the seller; or\nregistered means registered with the registrar-general under the—\n(a) Land Titles Act 1925; or\n(b) Land Titles (Unit Titles) Act 1970.\nDivision 2A.2 Off-the-plan contracts—licence\nrequirements\n19AB Off-the-plan contracts—seller must be licensed\n(1) A seller commits an offence if—\n(a) 2 parties enter into an off-the-plan contract for the sale of a\nregulated residential building; and\n(b) either of the following applies:\n(i) neither the seller, nor any related entity of the seller, holds\na property developer licence;\n(ii) the seller or a related entity holds a property developer\nlicence that restricts the seller or related entity from\nentering into the off-the-plan contract.\n\n(2) This section does not apply to—\n(b) a territory entity or a Commonwealth or State entity; or\n(c) a person excluded by regulation.\nmentioned in s (2) (see Criminal Code, s 58).\n19AC Off-the-plan contracts—advertising\n(a) the person publishes an advertisement for the sale of a regulated\nresidential building under an off-the-plan contract; and\n(b) the advertisement does not contain the property developer\nlicence number of the proposed seller or a related entity of the\nproposed seller.\n(2) Subsection (1) does not apply to—\n(b) a territory entity or a Commonwealth or State entity; or\n(c) a person excluded by regulation.\n(3) A person commits an offence if—\n(a) the person publishes an advertisement for the sale of a regulated\nresidential building under an off-the-plan contract; and\n(b) the advertisement includes a statement about the property\ndeveloper licence number of the proposed seller or a related\nentity of the proposed seller; and\n\n(c) the statement is false or misleading in a material particular.\n(4) An offence against this section is a strict liability offence.\nDivision 2A.3 Off-the-plan contracts—disclosure\nrequirements\n19AD Disclosure statements\n(1) Before a buyer and seller enter into an off-the-plan contract, the seller\nmust give the buyer a statement (a disclosure statement) including\nthe following matters:\n(a) if section 19AB requires the seller, or a related entity of the\nseller, to hold a property developer licence—\n(i) the licence number;\n(ii) a statement that the register under the Property Developers\nAct 2024, section 25 contains information about property\ndevelopers licensed under that Act;\n(b) the fixtures, fittings and finishes that are included in each\nresidence;\n(c) any other matter prescribed by regulation.\n(2) This division does not limit the operation of the Civil Law (Property)\nAct 2006, part 2.9 (Unit titles).\nNote The Civil Law (Property) Act 2006, pt 2.9 requires additional matters to\nbe disclosed before an off-the-plan contract for the sale of a unit may be\nentered into.\n\nAmendment [2.32]\n19AE Disclosure statement provided late or not at all\n(1) This section applies if—\n(a) 2 parties enter into an off-the-plan contract; and\n(b) the seller did not give the buyer a disclosure statement as\nrequired under section 19AD before the parties entered into the\ncontract.\n(2) The buyer may, by written notice to the seller, rescind the contract—\n(a) if the seller has not given the buyer the disclosure statement—at\nany time before the contract is completed; or\n(b) if the seller gives the buyer the disclosure statement after the\ncontract is signed—within 21 days after the day the disclosure\nstatement is given to the buyer.\n[2.32] Section 19A heading\nDivision 2A.4 Off-the-plan contracts—rescission\n","sortOrder":141},{"sectionNumber":"19A","sectionType":"section","heading":"Definitions—div 2A.4","content":"19A Definitions—div 2A.4\n[2.33] Section 19A (1)\nomit\npart\ndivision\n[2.34] Section 19A (1), definition of off-the-plan contract\nomit\n\nAmendment [2.35]\n[2.35] Section 19A (2), definitions of certificate of occupancy\nand registered\nomit\n[2.36] Section 50\n50 Existing off-the-plan contracts\n(1) Division 2A.4 applies to an off-the-plan contract in force immediately\nbefore the day the Civil Law (Sale of Residential Property)\nAmendment Act 2021 commenced.\noff-the-plan contract—see section 19AA (1).\n[2.37] Dictionary, note 2\n[2.38] Dictionary, new definitions\ncertificate of occupancy, for part 2A (Off-the-plan contracts)—see\nthe Building Act 2004, dictionary.\nCommonwealth or State entity, for part 2.A (Off-the-plan\ncontracts)—see section 19AA.\n\nAmendment [2.39]\n[2.39] Dictionary, definition of delay event\ndelay event, in relation to an off-the-plan contract, for\ndivision 2A.4 (Off-the-plan contracts—rescission provisions)—see\nsection 19A (1).\n[2.40] Dictionary, definition of off-the-plan contract\noff-the-plan contract, for part 2.A (Off-the-plan contracts)—see\n[2.41] Dictionary, new definitions\nproperty developer licence, for part 2.A (Off-the-plan contracts)—\nsee section 19AA (1).\nregulated residential building, for part 2.A (Off-the-plan\ncontracts)—see the Property Developers Act 2024, dictionary.\nrelated entity, of a seller, for part 2.A (Off-the-plan contracts)—see\n[2.42] Dictionary, definition of rescission provision\nrescission provision, for division 2A.4 (Off-the-plan contracts—\nrescission provisions)—see section 19A (1).\n\nPart 2.5 Planning Act 2023\nAmendment [2.43]\n[2.43] Dictionary, definitions of sunset date and sunset event\nsunset date, for division 2A.4 (Off-the-plan contracts—rescission\nprovisions)—see section 19A (1).\nsunset event, for division 2A.4 (Off-the-plan contracts—rescission\nprovisions)—see section 19A (1).\n[2.44] Dictionary, new definition of territory entity\nterritory entity, for part 2.A (Off-the-plan contracts)—see\nU Part 2.5 Planning Act 2023\n[2.45] New division 7.3.3\n","sortOrder":142},{"sectionNumber":"Div 7","sectionType":"division","heading":"3.3 Development applications for certain","content":"Division 7.3.3 Development applications for certain\nresidential building developments\n","sortOrder":143},{"sectionNumber":"162A","sectionType":"section","heading":"Development applications for certain residential building","content":"162A Development applications for certain residential building\ndevelopments—property developer licence required\n(1) This section applies to a development application in relation to a\nproposed residential building development.\n(2) The territory planning authority must not accept a development\napplication in relation to the proposed residential building\ndevelopment unless—\n(a) the proponent for the development, or a related entity of the\nproponent, holds a property developer licence; and\n\nPlanning Act 2023 Part 2.5\nAmendment [2.45]\n(b) the relevant licensee is not restricted under their licence from\nundertaking the development.\n(3) This section does not apply if the applicant is—\n(b) a territory entity or a Commonwealth or State entity.\n(4) A regulation may exclude a person or development application from\nthe application of subsection (2).\nregulated residential building—see the Property Developers\nAct 2024, dictionary.\nrelated entity, of a person, means—\n(a) if the person is a corporation—a corporation that holds all of the\nissued share capital of the person; or\nresidential building development means—\n(a) building or altering a regulated residential building on land; and\n(b) another development prescribed by regulation.\n\nPart 2.5 Planning Act 2023\nAmendment [2.45]\n","sortOrder":144},{"sectionNumber":"162B","sectionType":"section","heading":"Transitional—amendments of existing development","content":"162B Transitional—amendments of existing development\napplications for certain residential building\ndevelopments—property developer licence required\n(1) This section applies if a development approval is given in relation to\na residential building development before section 162A commences.\n(2) The territory planning authority must not accept an application for a\nsignificant amendment of the development approval in relation to the\nresidential building development unless—\n(a) the applicant for the amendment, or a related entity of the\napplicant, holds a property developer licence; and\n(b) the relevant licensee is not restricted under their licence from\nundertaking the development.\n(3) This section does not apply if the applicant is—\n(b) a territory entity or a Commonwealth or State entity.\n(4) A regulation may exclude a person or application for a significant\namendment from the application of subsection (2).\nCommonwealth, a State or the Northern Territory that substantially\ncorresponds to a territory entity.\nrelated entity—see section 162A (5).\nresidential building development—see section 162A (5).\nsignificant amendment, of a development approval in relation to a\nresidential building development, means an amendment of the\napproval—\n(a) to increase the gross floor area of the building by more than\n10%; or\n\nPlanning Act 2023 Part 2.5\nAmendment [2.46]\n(b) to vary the lease; or\n(c) prescribed by regulation.\n(6) This section expires on the day the Property Developers Act 2024,\npart 12 (Transitional) expires.\nNote A transitional provision is repealed on its expiry but continues to have\neffect after its repeal (see Legislation Act, s 88).\n[2.46] New section 187 (1) (f)\n(f) if a person is required to hold a property developer licence\nbecause of division 7.3.3—must include a condition that—\n(i) any residential building work undertaken in or on a place\nthe subject of the approval may only be undertaken or\narranged by a person who holds a property developer\nlicence or who is a related entity of someone who holds a\nproperty developer licence; and\n(ii) the relevant property developer licensee is not restricted\nunder their licence from undertaking the residential\nbuilding work.\n[2.47] New section 187 (6)\nrelated entity, of someone who holds a property developer licence,\nmeans—\n(a) if the person is a corporation—a wholly-owned subsidiary of the\nlicence holder; or\n\nPart 2.6 Property Developers Act 2024\nAmendment [2.48]\n[2.48] Dictionary, new definition of property developer licence\nproperty developer licence means a licence under the Property\nDevelopers Act 2024.\nU Part 2.6 Property Developers Act 2024\n[2.49] Section 23 (3), definition of off-the-plan contract\nomit\nsection 19A (1)\nsection 19AA (1)\n\n(see s 3)\nNote The Legislation Act contains definitions relevant to this Act.\nFor example:\n• ACAT\n• building code\n• corporation\n• Corporations Act\n• found guilty\n• individual\n• Minister (see s 162)\n• the Territory.\nACAT reviewable decision, for part 10 (Notification and review of\ndecisions)—see section 112.\naffected person, for part 10 (Notification and review of decisions)—\nsee section 112.\naggrieved person, for part 8 (Complaints about licensees)—see\nsection 96.\napproved code of practice—see section 117 (1).\nassociated entity, of a corporation—see section 8 (1).\nauthorised contractor, for part 5 (Rectification orders, stop work\norders and undertakings)—see section 55 (2).\nauthorised person, for part 6 (Enforcement)—see section 66.\nbuilding work—see the Building Act 2004, section 6.\nclass, for a building, means the class of building under the building\ncode.\n\ncompetency requirement—see section 118 (1).\ncomplainant, for part 8 (Complaints about licensees)—see\nsection 99 (1) (b).\ncompliance action, for part 5 (Rectification orders, stop work orders\nand undertakings)—see section 64 (1).\ncompliance cost notice, for part 5 (Rectification orders, stop work\norders and undertakings)—see section 64 (2).\ncompliance undertaking, for part 5 (Rectification orders, stop work\norders and undertakings)—see section 62 (1).\nconnected, for part 6 (Enforcement)—see section 66.\ndecision-maker, for part 10 (Notification and review of decisions)—\nsee section 112.\ndirector, of a property developer that is a corporation, for part 5\n(Rectification orders, stop work orders and undertakings)—see the\nCorporations Act, section 9.\nground for regulatory action, for division 4.2 (Regulatory action)—\nsee section 33.\ninternally reviewable decision, for part 10 (Notification and review\nof decisions)—see section 112.\ninternal review notice, for part 10 (Notification and review of\ndecisions)—see the ACT Civil and Administrative Tribunal Act 2008,\nsection 67B (1).\nkey person, for a corporation—see section 8 (1).\nlaw of another jurisdiction, for division 9.1 (Sharing public safety\nlicence means a licence under part 2.\nlicence application—see section 11 (1).\n\nlicensee—\n(a) means a person who holds a licence; and\n(b) for division 4.2 (Regulatory action)—see section 32.\nnon-territory agency, for division 9.1 (Sharing public safety\noccupier, of premises, for part 6 (Enforcement)—see section 66.\noffence, for part 6 (Enforcement)—see section 66.\npremises, for part 6 (Enforcement)—see section 66.\nproperty developer, for part 5 (Rectification orders, stop work orders\nand undertakings)—see section 46.\nproposed rectification order notice, for part 5 (Rectification orders,\nstop work orders and undertakings)—see section 48 (2).\nproposed regulatory action, for division 4.2 (Regulatory action)—\nsee section 34 (1).\npublic safety agency, for division 9.1 (Sharing public safety\npublic safety information, for division 9.1 (Sharing public safety\nrating entity means an entity approved under section 27.\nrating report, in relation to an applicant for a license or a licensee, for\npart 2 (Licensing of property developers)—see section 10.\nreconsideration application, for part 10 (Notification and review of\ndecisions)—see section 113 (1).\nrectification order, for part 5 (Rectification orders, stop work orders\nand undertakings)—see section 49 (2).\nrectify, a serious defect, for part 5 (Rectification orders, stop work\norders and undertakings)—see section 45.\nregistrar means the construction occupations registrar.\n\nregulated residential building—\n(a) means a class 1 or class 2 building, or a building that contains a\nclass 2 building, constructed as part of a project to construct 3 or\nmore dwellings; but\n(b) does not include a building excluded by regulation.\n1 Eddy and Ann engage Darcy Constructions to demolish their house and\nreplace it with 2 duplex-style houses. Five years later they engage Darcy\nConstructions to construct a smaller house in the backyard. None of the houses\nare regulated residential buildings.\n2 Poppy Projects buys a large infill site. They construct 20 detached class 1\nhouses on the site as part of a development project. The houses are sold\noff-the-plan and constructed over 2 years. Each house is a regulated residential\nbuilding.\n3 Vivienne Developments buys 6 small adjoining blocks in a greenfield suburb.\nThey engage an architect, builder and other professionals to construct\nmatching class 1 row houses on the blocks. The houses are regulated\nresidential buildings.\nregulatory action, for division 4.2 (Regulatory action)—see\nsection 32.\nrelevant law means the following:\n(b) the Building and Construction Industry (Security of Payment)\nAct 2009;\n(c) the Civil Law (Sale of Residential Property) Act 2003;\n(d) the Community Housing Providers National Law (ACT);\n(e) the Construction Occupations (Licensing) Act 2004;\n(f) the Corporations Act;\n(g) the Fair Work Act 2009 (Cwlth);\n(h) the Planning Act 2023;\n\n(i) the Unit Titles (Management) Act 2011;\n(j) the Work Health and Safety Act 2011;\n(k) any other law prescribed by regulation.\nNote The Community Housing Providers National Law (ACT) Act 2013, s 7\napplies the Community Housing Providers National Law set out in the\nCommunity Housing Providers (Adoption of National Law) Act 2012\n(NSW) appendix as if it were an ACT law called the Community Housing\nProviders National Law (ACT).\nremote application, for division 6.5 (Warrants)—see section 77 (3).\nrenewal application—see section 13 (1).\nrequired rectification work, in relation to a rectification order, for\npart 5 (Rectification orders, stop work orders and undertakings)—see\nsection 49 (2) (a).\nresidential building work—\n(a) means building work in relation to a regulated residential\nbuilding; but\n(b) does not include building work excluded by regulation.\n1 Anthony and Lisa engage Fowler Build to demolish their house and replace it\nwith a building containing 4 apartments and a shared basement. The project\ninvolves residential building work.\n2 Cooney-Cross Constructions is engaged to alter an existing class 2 building by\nadding 2 more dwellings. The project does not involve residential building\nwork.\nresidential development activities includes—\n(a) undertaking residential building work, or arranging for\nresidential building work to be undertaken; and\n(b) marketing and selling regulated residential buildings including\noff the plan.\nrespondent, for part 8 (Complaints about licensees)—see\nsection 99 (1) (d).\n\nserious defect, in relation to a building—see section 47.\nshow cause notice, for division 4.2 (Regulatory action)—see\nsection 34 (2).\nstop work order, for part 5 (Rectification orders, stop work orders and\nundertakings)—see section 60 (2).\nsuitable person—see section 9.\nwarrant, for part 6 (Enforcement)—see section 66.\nwarrant form, for division 6.5 (Warrants)—see section 80 (2).\nwarrant terms, for division 6.5 (Warrants)—see section 79 (2).\n\nAbout the endnotes 1\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\n3 Legislation history\n3 Legislation history\nProperty Developers Act 2024 A2024-36\nnotified LR 10 July 2024\ns 1, s 2 commenced 10 July 2024 (LA s 75 (1))\nss 3-6, s 8, pt 5 (other than s 60 (1) (b) and (6), def relevant\nprovision), pt 6, pts 9-12, sch 1, dict commenced 11 July 2024\n(s 2 (1))\npt 3 commenced 14 March 2025 (s 2 (2), CN2025-1 and LA s 77 (3))\nsch 2 awaiting commencement\nremainder commenced 5 November 2025 (s 2 (2), CN2025-6 and\nLA s 77 (3))\nas amended by\nBuilding and Construction Legislation Amendment Act 2025 A2025-5\npt 7\nnotified LR 31 March 2025\ns 1, s 2 commenced 31 March 2025 (LA s 75 (1))\npt 7 commenced 1 April 2025 (s 2)\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.70\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.70 commenced 26 November 2025 (s 2 (3))\nBuilding and Construction Legislation Amendment Act 2026 A2026-2\npt 8\nnotified LR 16 February 2026\ns 1, s 2 commenced 16 February 2026 (LA s 75 (1))\ns 56, s 57 commenced 17 February 2026 (s 2 (4))\npt 8 remainder commenced 23 February 2026 (s 2 (1))\n\nAmendment history 4\n4 Amendment history\nRegistrar must keep register\ns 25 am A2026-2 s 56, s 57\nMeaning of property developer—pt 5\ns 46 am A2025-29 amdt 3.234\nExercise of powers unaffected by approvals etc\ns 65 am A2025-29 amdt 3.235\nApplying, adopting or incorporating documents in regulations and\ninstruments\ns 120 hdg sub A2025-29 amdt 3.236\ns 120 am A2025-5 s 36; A2025-29 amdts 3.237-3.241; pars renum\nR5 LA\nReview of Act\ns 123 exp 11 July 2031 (s 123 (2))\nTransitional\npt 12 hdg exp 11 July 2031 (s 125)\nTransitional regulations\ns 124 exp 11 July 2031 (s 125)\nExpiry—pt 12\ns 125 exp 11 July 2031 (s 125)\ndict def relevant law am A2026-2 s 58, s 59; pars renum R7 LA\n\n5 Earlier republications\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\n11 July 2024–\n13 Mar 2025\nnot amended new Act\n14 Mar 2025\n14 Mar 2025–\n31 Mar 2025\nnot amended commenced\n1 Apr 2025\n1 Apr 2025–\n4 Nov 2025\nA2025-5 amendments by\nA2025-5\n5 Nov 2025\n5 Nov 2025–\n25 Nov 2025\nA2025-5 commenced\n26 Nov 2025\n26 Nov 2026–\n16 Feb 2026\nA2025-29 amendments by\nA2025-29\n17 Feb 2026\n17 Feb 2026–\n22 Feb 2026\nA2026-2 amendments by\nA2026-2\n6 Uncommenced provisions\n","sortOrder":145},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"was uncommenced at the republication date but has been included in","content":"Schedule 2 was uncommenced at the republication date but has been included in\nthis republication with the symbol U immediately before the provision headings.","sortOrder":146}],"analysis":{"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"This version substantially broadened the original, narrow regulatory gate for developers into an integrated regime that reaches into planning approvals, building approvals and off‑the‑plan sales. Beyond creating a licensing regime (Part 2) and rectification powers (Part 5), the Act (via Schedule 2) amends the Building Act, Planning Act and Civil Law (Sale of Residential Property) Act to: require a developer licence before certain planning and building approvals are accepted (Planning Act s 162A; Building Act new s 27(1)(ca)); require licence details and disclosure obligations for off‑the‑plan contracts and advertising (Civil Law Act new ss 19AB–19AD); introduce developer warranties and a latent defects insurance framework and extend potential liability to directors where developer vehicles are wound up (Building Act amendments at sch 2, including new ss 88(2A), 89F and 95A; s 52 of this Act). Those measures move the law from a standalone licensing and defect‑remedy scheme to a cross‑cutting regulatory architecture that affects approvals, sales contracts, certifier procedures and insurance arrangements—effectively increasing the Act's scope from licensing/debt/remediation to reshaping parts of the pre‑contract, approval and remediation ecosystem."},"complexity_factors":["Large statute: 13 Parts, at least 126 named sections plus extensive Schedules and Dictionary (s 1–126, schs and dict).","Extensive defined terms: many cross‑referenced definitions in the Dictionary pointing to other Acts (Building Act 2004, Planning Act 2023, Corporations Act etc.).","Multiple cross‑references and consequential amendments across at least 10 other statutes (Building Act 2004; Planning Act 2023; Civil Law (Sale of Residential Property) Act 2003; Unit Titles Acts; Work Health and Safety Act; Corporations Act; and others) (Schedule 2).","Layered decision and review pathways: internal reconsideration (30 days), ACAT review and magistrate involvement for warrants (Parts 4 and 10; sch 1).","Procedural preconditions and multiple time limits (28‑day show cause periods, 1‑month rectification minimum, 24‑hour emergency rectification minimum, 14‑day regulatory suspension delay, various 2‑ and 5‑year transitional/sunset provisions).","Regulatory discretion concentrated in several actors (registrar, director‑general, Minister) with many delegated instruments (codes of practice, competency determinations, fee determinations, regulations) required to operationalise the scheme (ss 19, 27, 117–122).","Complex offences regime: three fault tiers (intention, recklessness, strict liability) across multiple provisions with high maximum penalties (Parts 5–7).","Detailed enforcement toolkit: information directions, compelled production (with limited privilege), entry with consent or warrant, seizure, remote warrant procedures and ancillary compensation mechanisms (Part 6, divs 6.2–6.6).","Joint and several liability features and director‑targeted provisions where corporate entities are insolvent or deregistered (s 51(3), s 52).","Heavy reliance on subordinate instruments and third‑party approvals (rating entities must hold an AFSL; many operational elements left to regulation and not contained in primary legislation) (s 27; ss 117–122)."],"plain_english_summary":"**What this law does (mechanically)\n\n- Establishes a licensing regime for people and entities that arrange, undertake or sell larger residential developments (called \"property developers\"). The licensing rules, application and renewal requirements, conditions and public register are set out in Part 2 (see especially ss 11–26).  \n- Requires independent financial/operational assessments (\"rating reports\") as part of applications and gives the director-general power to approve who can prepare those reports (\"rating entities\") subject to holding an AFSL and meeting other criteria (Part 3; ss 10, 27–30).  \n- Creates regulatory enforcement powers for the construction occupations registrar, including suspension/cancellation of licences, show-cause processes and immediate suspension where public safety is at risk (Part 4; ss 31–41).  \n- Gives the registrar powers to order rectification of serious defects, to issue stop-work orders, to accept compliance undertakings and to arrange rectification by the Territory where developers fail to act; it also provides for the Territory to recover costs and for authorised contractors to carry out work (Part 5; ss 44–65).  \n- Confers investigative and enforcement tools: directions to produce information, powers to enter premises, warrants, seizure, and limited use of compelled information (Part 6; ss 66–92).  \n- Creates specific offences and graduated penalties for false licence claims, breach of licence conditions, failures to comply with rectification/stop-work orders or compliance undertakings, and unauthorised disclosure of protected information (Parts 5–9; ss 54, 61, 63, 93–95, 111).  \n- Requires publication of a public register of licensees with specified details (ss 25–26).  \n- Enables codes of practice, competency requirements, fees and regulations; provides internal review and ACAT review routes for many decisions (Parts 10–11; ss 112–116, 117–122).  \n- Amends related territory laws (Building Act 2004; Planning Act 2023; Civil Law (Sale of Residential Property) Act 2003 and others) to integrate licensing with development approvals, building approvals and off‑the‑plan sales (Schedule 2). Key changes include requiring a property developer licence to: (a) be able to apply for certain planning/building approvals (Planning Act s162A; Building Act s27(1)(ca)); and (b) be held by sellers or their related entities before entering off‑the‑plan contracts and in advertising (Civil Law (Sale of Residential Property) Act amendments in sch 2).\n\nOfficial purpose claimed by the Act (statutory object)\n\n- The Act states its objects are to protect the public by ensuring residential development is done by competent, accountable developers and to promote public confidence in standards of residential development (s 6). It says those objects are to be achieved by licensing, competency requirements, rectification obligations and enforcement (s 6(2)).\n\nHow the Act implements that purpose and the practical mechanisms that follow\n\n- Gatekeeping and ongoing oversight: developers must be assessed for operational and financial capacity and character; licences carry mandatory conditions (including financial and competency conditions) and can be varied, suspended or cancelled by the registrar (ss 9, 11–21, 22, 31–41). The public register (ss 25–26) makes licensing status discoverable for purchasers, certifiers and regulators.\n- Third‑party verification: the law creates an approval pathway for rating entities to prepare rating reports used by the registrar to test financial/operational capacity (ss 10, 27–30). Rating entities must hold an Australian financial services licence and meet process and resourcing tests (s 27).\n- Direct defect remediation powers: the registrar can order rectification work (including emergency rectification), require access and, if necessary, have the Territory arrange work and recover costs from the developer; directors can be targeted if a developer corporate vehicle is wound up (ss 48–56, 52). Rectification orders are enforceable and carry significant penalties for failure to comply (s 54).\n- Market and contracting effects: the Act ties licensing to planning and building approvals and to off‑the‑plan sale rules (s 162A in the Planning Act and Civil Law Act amendments in Schedule 2). Sellers must disclose licence numbers in contracts and some advertisements (see sch 2 amendments, e.g. new ss 19AB–19AD of the Civil Law (Sale of Residential Property) Act).\n\nWho pays, who decides, and what behaviour changes\n\n- Who pays: developers and related entities bear the direct compliance and administrative costs (application fees, rating report fees, competency training, potential financial securities/bank guarantees in undertakings – see ss 11–15, 62). If the Territory arranges rectification, costs are recoverable from the ordered party (ss 55–56, 64). Fines and penalties fall on those who breach (Part 7).  \n- Who decides: the construction occupations registrar (and the director-general for rating entity approvals) has central decision‑making power over licensing, conditions, rectification orders and enforcement (ss 11, 19, 27, 48–55). The ACAT provides external review for many decisions (Part 10 and sch 1). Magistrates are involved for warrants and seizure authorisations (Part 6, div 6.5). The Minister may make codes, competency rules and fee determinations (ss 117–121).  \n- Behaviour changes expected: entities that plan, organise or sell larger residential projects will need to seek licences, meet financial/competency proof requirements, include licence details in specified disclosures/advertising, and be subject to rectification obligations and enforcement. Directors of insolvent developer companies risk being directly ordered to rectify defects in some circumstances (s 52). Certifiers and applicants for building/planning approval must check licence conditions where the Act or consequential amendments require it (sch 2).\n\nTrade‑offs, implementation risks and compliance burdens (mechanical testing of the policy claim)\n\n- Compliance costs and barrier to entry: licensing plus mandatory rating reports, competency requirements and possible financial securities create measurable compliance costs for developers (ss 11–15; 62; s 27 for rating entity standards). Those costs raise the fixed cost of entering the development market and may change the scale or structure of who undertakes projects.  \n- Concentration of discretion: the registrar and director-general hold broad discretionary powers to impose conditions, suspend/cancel licences, approve rating entities and issue rectification/stop‑work orders (ss 19, 22, 27, 35, 38, 48–60). Effective and timely administration will be essential to avoid inconsistent outcomes; the Act provides procedural safeguards (show‑cause notices, 28‑day response windows, internal review and ACAT review – ss 34–35; pts 10 and sch 1).  \n- Liability extension and recovery paths: the Act creates direct enforcement against developers and, in insolvency situations, potential direct orders to former directors (s 52). The Territory can arrange remedial work and recover costs (ss 55–56, 64). This shifts some remediation risk from individual owners towards a regulatory pathway whose costs are recoverable from private parties.  \n- Interactions with other regimes and dependence on subordinate instruments: the Act cross‑references and amends the Building Act, Planning Act and Civil Law (Sale of Residential Property) Act (Schedule 2). Many operational details are left to regulations, codes of practice, Ministerial competency determinations and rating‑entity approvals (ss 117–122; sch 2). The law therefore depends on subsequent instruments and administrative resourcing to function as intended.  \n- Effects on contracts and sales process: by requiring licences and disclosure for off‑the‑plan sales and by tying building approvals to licence status, the Act changes pre‑contract and approval‑stage checks (sch 2; Civil Law Act new ss 19AB–19AE; Planning Act new s 162A). That shifts early compliance obligations to sellers and may require changes to procurement and contracting workflows.  \n\nConcrete reference points in the Act\n\n- Objects and purpose: s 6 and s 7 (purpose of licensing part).  \n- Licensing mechanics: ss 11–21 (applications, eligibility, conditions), ss 25–26 (register).  \n- Rating entities and reports: ss 10, 27–30.  \n- Regulatory/enforcement powers, suspension and cancellation: ss 31–41 and ss 48–65 (rectification, stop‑work and compliance undertakings).  \n- Director liability in insolvency: s 52.  \n- Integration with approvals and off‑the‑plan sales: Schedule 2 amendments (e.g. Planning Act s 162A; Civil Law ss 19AA–19AE; Building Act s 27(1)(ca)).  \n- Review routes: Part 10 and Schedule 1.\n\nWhy it matters (short mechanical summary)\n\n- The Act creates a public, enforceable gate between a particular class of residential development activity (\"regulated residential buildings\") and who may lawfully organise, advertise or sell those projects. It adds administrative, financial and compliance checks for developers, new enforcement and remediation powers for the registrar, and integrates those controls into planning, building and off‑the‑plan sale regimes (see Parts 2–6 and Schedule 2). For purchasers, certifiers and lenders, the register and disclosure rules change the information and due diligence available at the approval and contract stages.\n"},"kimi_summary":{"_metrics":{"completionTokens":645},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as stated in section 6: establishing a licensing scheme for property developers to protect the public, ensure competency, and promote accountability. The scope has not expanded beyond residential development activities."},"complexity_factors":["Extensive cross-referencing with 6+ other ACT laws (Building Act, Planning Act, Civil Law (Sale of Residential Property) Act, etc.)","47+ defined terms in the dictionary with nested definitions (e.g., 'key person' has 4 sub-categories plus 3 exclusions)","Multiple commencement dates with automatic triggers (3-year and 2-year fallback provisions)","Layered enforcement framework: 4 divisions of regulatory action with automatic suspension, immediate suspension, and ordinary suspension pathways","Conditional logic throughout — e.g., rectification orders have 3 different time limits depending on when defect discovered","Schedule 2 contains 48 consequential amendments to 5 other Acts","Nested exceptions: 'key person' exclusions for professionals, regulators, and insolvency practitioners; 'property developer' exclusions in Part 5","Strict liability offences mixed with intent/recklessness offences (3-tier penalty structure for most offences)","10-year limitation period for rectification orders with complex triggering events","Uncommenced provisions marked with 'U' symbol affecting interpretation"],"plain_english_summary":"This Act creates a licensing scheme for property developers of multi‑unit residential projects to raise standards, accountability and consumer protection. It restricts who can seek development or building approvals and sell off‑the‑plan, requires checks on character, competence and financial capacity, records licensees on a public register, and gives regulators powers to force rectification, impose sanctions and, if needed, step in to fix serious defects. It primarily affects developers, financiers, buyers and contractors."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"Sections 52(1)(a)(ii), 52(2) and 49(1)(a)","severity":"high","reasoning":"Section 52(1)(a)(ii) covers a corporation that has already received a rectification order. Section 52(2)(a) authorises proposed notices to directors only if an order has not been given to the corporation. Section 52(2)(b) nevertheless requires any director order to be made in accordance with section 49, while section 49(1)(a) requires the person to have received a proposed rectification order notice. That prerequisite cannot be met through section 52 for the already-ordered-corporation branch.","confidence":0.97,"description":"The director-order pathway lacks the notice required to make the order when an order has already been given to the corporation.","source_quotes":["if a rectification order has not been given to the property developer—give each person a proposed rectification order notice in accordance with section 48 as if they were the property developer;","make a rectification order in accordance with section 49 against each person as if they were the property developer.","has given a property developer a proposed rectification order notice in relation to residential building work;"]}],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/property-developers-act-2024","history":"/api/acts/property-developers-act-2024/history","analysis":"/api/acts/property-developers-act-2024/analysis","conflicts":"/api/acts/property-developers-act-2024/conflicts","importantCases":"/api/acts/property-developers-act-2024/important-cases","documents":"/api/acts/property-developers-act-2024/documents"}}