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Building Act 2016
286Onus of proof in certain cases
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### 286 Onus of proof in certain cases
> > (1) [*\[Section 286 Subsection (1) amended by No. 9 of 2023, s. 29, Applied:01 Oct 2024\]*](/view/html/inforce/2024-10-01/act-2023-009#GS29@Hpa@EN) If an appeal relates to the issue of a building order in respect of a fire upgrading notice, the appeal is not to be dismissed unless a permit authority or building surveyor proves that the issue of the order ought to be confirmed.
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> > (2) [*\[Section 286 Subsection (2) amended by No. 9 of 2023, s. 29, Applied:01 Oct 2024\]*](/view/html/inforce/2024-10-01/act-2023-009#GS29@Hpb@EN) If an appeal relates to the failure to comply with a building order issued in respect of a fire upgrading notice, the appeal is not to be dismissed unless a permit authority or building surveyor proves that the order has not been complied with.