ACTIn ForceAct
Building Act 2004
79Action by registrar on unauthorised use of building etc
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79 Action by registrar on unauthorised use of building etc
(1) In this section:
building occupancy offence section means any of the following
sections:
• section 76 (Occupation and use of buildings);
• section 77 (Use of buildings restricted);
• section 78 (Occupation and use of ex-government buildings).
(2) This section applies if, after being convicted for an offence against a
building occupancy offence section, a person continues to use or
continues to allow someone else to use a building or a part of a
building in contravention of the section for an offence against which
the person has been convicted.
(3) The construction occupations registrar may, by written notice to the
occupier or to the person allowing the occupation (or both)—
(a) for a conviction for an offence against section 76—require the
building to be vacated within the period stated in the notice; or
(b) for a conviction for an offence against section 77 or section 78—
require the occupation or use of the building or the part of the
building in contravention of that section to stop within the period
stated in the notice.
(4) A person to whom a notice under subsection (3) is given must not fail
to comply with the notice.
(5) A person who contravenes subsection (4) commits an offence, in
relation to each day the person contravenes the subsection (including
any day when the person is convicted of an offence).
(6) An offence against subsection (5) is a strict liability offence.