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Building and Development Certifiers Act 2018
44Knowingly issuing a false certificate
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#### 44 Knowingly issuing a false certificate
44 Knowingly issuing a false certificate
> > (1) A registered certifier must not issue any of the following certificates if the registered certifier knows that the certificate is false or misleading in a material particular—
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> > > (a) a complying development certificate under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) or a certificate referred to in section 6.4 of that Act,
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> > > (b) a strata certificate within the meaning of the [Strata Schemes Development Act 2015](/view/html/inforce/current/act-2015-051),
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> > > (c) a certificate of compliance under Division 5 of Part 2 of the [Swimming Pools Act 1992](/view/html/inforce/current/act-1992-049).
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> > Maximum penalty—10,000 penalty units or imprisonment for 2 years, or both.
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> > (2) A person cannot be prosecuted under this section in respect of a certificate if proceedings have been brought under section 4.31 or 6.32 of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) for an order declaring the certificate to be invalid and the Land and Environment Court has refused to make the order.