44Knowingly issuing a false certificate

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—

(a) a complying development certificate under the Environmental Planning and Assessment Act 1979 or a certificate referred to in section 6.4 of that Act,

(b) a strata certificate within the meaning of the Strata Schemes Development Act 2015,

(c) a certificate of compliance under Division 5 of Part 2 of the Swimming Pools Act 1992.

Maximum penalty—10,000 penalty units or imprisonment for 2 years, or both.

(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 for an order declaring the certificate to be invalid and the Land and Environment Court has refused to make the order.