NSWIn ForceAct
Building and Development Certifiers Act 2018
107Investigation of councils acting as certifier
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#### 107 Investigation of councils acting as certifier
107 Investigation of councils acting as certifier
> > (1) The Secretary may investigate the work and activities of a local council in its capacity as a certifier.
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> > (2) The Secretary may make a decision to undertake an investigation under this section on the Secretary’s own motion or following a complaint relating to the local council concerned in its capacity as a certifier.
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> > (3) The Secretary must prepare a report of the results of any investigation and send a copy of the report to the Chief Executive of the Office of Local Government and to the local council.
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> > (4) A report furnished to the local council under this section must be presented at the next meeting of the local council after the report is received.
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> > (5) Within 40 days after it receives a report under this section, a local council must give written notice to the Chief Executive of the Office of Local Government and to the Secretary of the things done or proposed to be done to give effect to any recommendations contained in the report and may make submissions with respect to any matter contained in the report.
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> > (6) The Secretary must take into account any submissions received in accordance with subsection (5) and may revise the report.
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> > (7) If the Secretary revises the report, the Secretary must send a copy of the revised report to the Chief Executive of the Office of Local Government and to the local council.
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> > (8) The Secretary is to make a copy of the report in the final form publicly available.
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> > (9) Nothing in this section prevents the Secretary from taking disciplinary action under Part 4 against a registered certifier if the Secretary is satisfied, as a result of an investigation under this section, that there may be grounds for doing so.
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> **s 107:** Am 2019 No 23, Sch 1.2\[2\].