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Building Act 2004
83FRevocation of exemption
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83F Revocation of exemption
(1) The Minister may revoke a Ministerial exemption that applies to a
regulated swimming pool on the Minister’s own initiative if satisfied
that any of the following apply:
(a) the owner of the premises on which the pool is located has failed
to comply with a condition of the exemption;
(b) the owner of the premises knowingly or recklessly used false or
misleading information in the application for the exemption, or
an application for variation of the exemption;
(c) no circumstance mentioned in section 83D (2) applies to the
pool;
(d) there is an immediate and serious risk to the health or safety of
a person.
(2) However, the Minister must not revoke an exemption unless the
(a) has given the owner of the premises written notice that—
(i) states that the Minister proposes to revoke the exemption;
and
(ii) states the reason the Minister proposes to revoke the
exemption; and
(iii) tells the owner that the owner may give a written response
to the Minister about the matters stated in the notice not
later than 28 days after the owner receives the notice; and
(b) has considered any response given in accordance with
paragraph (a) (iii); and
(c) is satisfied that it is appropriate to revoke the certificate.
(3) Subsection (2) does not apply to a revocation made under
subsection (1) (d).
(4) The revocation of the exemption takes effect—
(a) for a revocation under subsection (1) (d)—immediately; or
(b) in any other case—
(i) 90 days after the day notice is given to the owner; or
(ii) if another day is stated in the notice—on the stated day.