38Rectification orders

38 Rectification orders (1) The registrar may make an order (a rectification order) in relation to an entity requiring the entity— (a) to take stated action to rectify work done as part of a construction service; or (b) to demolish a building or part of a building where a construction service has been provided and provide the construction service under this Act or an operational Act; or (c) to start or finish stated work in relation to which a construction service has been, is being or was proposed to be provided. Example—stated action rectified work must comply with a stated performance requirement of the Building Code of Australia (2) The rectification order may also require the entity to give the registrar written information about a thing required to be done under the order. 1 a structural engineer’s report about whether rectified work complies with relevant structural standards 2 certification from a building certifier that finished work complies with this Act (3) However, a rectification order need not state how a thing required to be done under the order is to be done. A rectification order requires an entity to rectify a building so that it complies with a stated performance requirement of the building code. The rectification order need not include details of how the work is to be undertaken or how the building may need to be redesigned or altered to comply with the requirement.

(4) Subsection (5) applies if— (a) the order requires the entity to do a thing; and (b) the entity— (5) The entity must arrange, and pay for, the thing to be done by someone who— 1 A rectification order requires Freddie to take stated action to rectify work he has done. The action includes having to provide written information about whether the rectified work complies with relevant structural standards. Freddie is not a structural engineer so he must arrange, and pay for, a structural engineer to prepare a report about the rectified work.