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Building Act 1993
34YDisciplinary action by Practitioners Board
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34Y Disciplinary action by Practitioners Board
(1) If the Practitioners Board is satisfied that all the circumstances
specified in section 34X(1) apply in relation to a residential builder,
the Board must decide to take one or more of the following actions:
(a) reprimand the builder;
(b) require the builder to pay to the Territory a civil penalty not
exceeding:
(i) if the builder is an individual – 160 penalty units; or
(ii) if the builder is a corporation – 800 penalty units;
(c) suspend the builder's registration for a specified period (not
exceeding 3 years);
(d) cancel the builder's registration.
Note for subsection (1)(c) and (d)
Sections 34VB and 34W apply if the builder's registration is suspended or
cancelled.
(2) In addition, the Practitioners Board may decide to take one or both
of the following actions:
(a) require the residential builder to give an undertaking to do, or
not to do, a specified thing:
(i) at any time or during any period; or
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(ii) at a specified time or during a specified period;
(b) direct the Director to audit the builder's work or conduct, or
both.
(3) The Practitioners Board must make an entry in the register of
building practitioners, maintained under section 16, about an action
the Board has taken after making a decision under this section.
(4) A civil penalty imposed under subsection (1)(b) is recoverable as a
debt due to the Territory by the residential builder.
(5) To avoid doubt, in satisfying itself for subsection (1) the
Practitioners Board is not required to conduct an inquiry as
mentioned in Division 3A.