Building (Approvals and Practitioners) Act 2026
132Power to suspend registration when show cause notice given
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132 Power to suspend registration when show cause notice given
132 Power to suspend registration when show cause notice given
(1) The Secretary may, by written notice to a registered person, suspend the registration of the registered person if—
(a) a show cause notice has been given to the registered person, and
(b) the grounds for disciplinary action specified in the show cause notice would, if established, justify the suspension or cancellation of the registration, and
(c) the Secretary has yet to decide whether to take disciplinary action, and
(d) in the Secretary’s opinion, there are reasonable grounds to believe that—
(i) it is likely the registered person will continue to engage in the conduct that gave rise to the grounds for disciplinary action, and
(ii) there is a risk a person may suffer significant harm, or significant loss or damage, as a result of the conduct unless action is taken urgently.
(2) Section 106 applies to the suspension.
(3) A suspension must not be imposed for a period of more than 60 days after the show cause notice is given.
(4) The period of suspension must be specified in the notice imposing the suspension.
(5) A second suspension may be imposed under this section in relation to the same show cause notice.
(6) The second suspension—
(a) may be imposed before or after the end of the first suspension, and
(b) must not be imposed for a period of more than 60 days after the end of the first suspension.
(7) The Secretary is not required to give a person an opportunity to be heard before taking action against the person under this section.
(8) The Secretary may revoke a suspension under this section at any time by written notice to the suspended person.