NSWIn ForceAct
Building and Construction Industry Security of Payment Act 1999
28ACode of practice for authorised nominating authorities
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#### 28A Code of practice for authorised nominating authorities
28A Code of practice for authorised nominating authorities
> > (1) The Minister may, by order published on the NSW legislation website, make a code of practice to be observed by an authorised nominating authority in relation to its activities under this Act. The order is to set out the code of practice.
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> > (2) The code of practice takes effect on the day on which the order is published or, if the order specifies a later date for commencement, on the later date.
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> > (3) The Minister may, by order published on the NSW legislation website, amend or repeal the code of practice.
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> > (4) An authorised nominating authority that contravenes a provision of the code of practice that is identified in the code as an “offence provision” is guilty of an offence under this section.
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> > Maximum penalty—50 penalty units.
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> > (5) The Minister may withdraw a person’s authority to nominate adjudicators for the purposes of this Act if the Minister is satisfied that the person has contravened a provision of the code of practice. Nothing in this subsection limits—
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> > > (a) the grounds on which the Minister may withdraw any such authority under section 28, or
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> > > (b) the right of a person under that section to apply to the Civil and Administrative Tribunal for an administrative review under the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) of the Minister’s decision to withdraw the authority.
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> **s 28A:** Ins 2018 No 78, Sch 1\[27\].