Building Act 2016
245Emergency order
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245 Emergency order
(1) [Section 245 Subsection (1) amended by No. 9 of 2023, s. 19, Applied:01 Oct 2024] A permit authority may make an emergency order if satisfied, on reasonable grounds, that a threat to life may arise out of the condition or use of a building, temporary structure or plumbing installation.
(2) An emergency order may –
(a) require an owner or occupier of a building, temporary structure or plumbing installation to –
(i) evacuate all persons from the building, temporary structure or the building or temporary structure housing the plumbing installation; or
(ii) stop, or perform, building work or other work; and
(b) prohibit the occupation of a building or temporary structure.
(3) An emergency order –
(a) is to be in an approved form; and
(b) is to contain any specified matter; and
(c) may specify how emergency work is to be performed under the order, including that the work must be performed other than in accordance with the regulations.
(4) A person served with an emergency order must comply with the order.
Penalty: In the case of –
(a) a natural person, a fine not exceeding 100 penalty units; or
(b) a body corporate, a fine not exceeding 500 penalty units.
(5) A person may not be found guilty of an offence under this Act in respect of work that has been performed in accordance with an emergency order.
(6) [Section 245 Subsection (6) amended by No. 9 of 2023, s. 19, Applied:01 Oct 2024] A permit authority may revoke an emergency order if the circumstances giving rise to the making of the order have changed.