34Intention to make rectification order

34 Intention to make rectification order (1) This section applies if the registrar believes on reasonable grounds (a) a licensee or former licensee (the entity) has provided a construction service otherwise than in accordance with this Act or an operational Act; and (b) it may be appropriate to make a rectification order. Examples of licensee or former licensee 1 a licensed builder does building work 2 a drainer who was licensed, does sanitary drainage work while unlicensed 3 a licensed gasfitter does gasfitting work and then becomes unlicensed 4 a licensed plumber, who is the nominee of a licensee that is a corporation, does or supervises plumbing work as the nominee of the licensee Note If deciding under this section whether it may be appropriate to make a rectification order, the registrar must consider the considerations mentioned in s 36. (2) The registrar may give the entity, and the land owner in relation to whose land the construction service was provided, a written notice (a) gives details of the rectification order that may be made; and (b) explains why the registrar intends to make the order; and (c) invites submissions about the making of the order within the time stated in the notice that is not less than 5 working days after the day the entity or land owner receives the notice; and

(d) states that— (i) the registrar will not make a rectification order if— (A) the registrar is not satisfied it is appropriate to make a rectification order in relation to the entity; or (B) if the registrar accepts a rectification undertaking from the entity—the entity complies with, and does not withdraw, the undertaking; and (ii) if the registrar does not make a rectification order the Territory may authorise someone else to do the things stated in this notice, and the entity will have to pay for the things to be done. (3) A submission mentioned in subsection (2) (c) may include a rectification undertaking in relation to the construction service mentioned in the written notice.