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Construction Occupations (Licensing) Act 2004
36Considerations for deciding when rectification order
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36 Considerations for deciding when rectification order
appropriate
(1) In deciding whether it is, or may be, appropriate to make a
rectification order in relation to an entity that is contravening, or has
or may have contravened, this Act, the registrar must consider the
following:
(a) any injury, loss or damage caused, or that could have been
caused, by the contravention;
(b) if a rectification order is proposed—how the proposed order
may affect people affected by the contravention.
Examples of effect of contravention, including injury, loss and damage
1 reduction in safety, reliability, durability, soundness, functionality, accessibility,
serviceability, service life, usability, usefulness, amenity, aesthetic quality, value
or efficiency of thing affected by contravention
2 adverse affect on health of user of thing affected by contravention
(2) The registrar may consider anything else that is relevant.
(3) However, the registrar need not consider whether the registrar,
territory planning authority, a certifier or other entity has—
(a) given a certificate, or approval under—
(i) this Act or an operational Act in relation to the construction
service; or
(ii) the Planning Act 2023 in relation to the place where, or the
territory lease under which, the construction service was
provided; or
(b) otherwise endorsed the construction service under this Act or an