ACTIn ForceAct
Construction Occupations (Licensing) Act 2004
39Emergency rectification order
Start here
Get a plain-English read of 39
Turn the raw legal text into a practical explanation grounded in Construction Occupations (Licensing) Act 2004.
39 Emergency rectification order
(1) The registrar may make a rectification order (an emergency
rectification order) under section 38 in relation to a licensee or
former licensee (the entity), without giving the entity notice under
section 34, if the registrar is satisfied that—
(a) the entity has provided a construction service other than in
accordance with this Act or an operational Act; and
(b) it is appropriate to make a rectification order; and
(c) it is not appropriate to give notice under section 34 of the
registrar’s intention to make a rectification order because the
need to act promptly to protect the health or safety of people,
public or private property or the environment, outweighs the
importance of giving the notice before making an order.
(2) A rectification order that is an emergency rectification order must
also include the following:
(a) a statement explaining that the order is an emergency
rectification order;
(b) a statement explaining that, if the thing ordered to be done is not
done within the period (the completion period) stated in the
order—
(i) the Territory may authorise a licensee to enter the land
where the thing is to be done to do the thing ordered; and
(ii) neither the Territory nor the authorised licensee need give
the land owner or entity against whom the order is made
further notice of the authorised licensee doing the thing on
the land; and
(iii) the entity against which the order has been made will be
liable for the reasonable cost incurred in doing the thing
ordered.
(3) The completion period must not be less than 24 hours.