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Construction Occupations (Licensing) Act 2004
47BRegistrar may accept undertakings
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47B Registrar may accept undertakings
(1) The registrar may accept a written undertaking (a rectification
undertaking) given by an entity relating to the entity’s contravention
or alleged contravention of this Act or an operational Act in providing
a construction service.
(2) A rectification undertaking must include the following:
(a) a statement that, on acceptance of the undertaking by the
registrar, the entity—
(i) understands that the undertaking is an enforceable
undertaking under this Act; and
(ii) agrees to be bound by the undertaking;
(b) a statement that the entity recognises the registrar’s concerns in
relation to the entity’s contravention or alleged contravention of
this Act or an operational Act;
(c) a statement that the entity understands that details of the
undertaking may be included in the public register if the registrar
believes on reasonable grounds that it is necessary or desirable
to protect the public;
(d) one or more undertakings relating to the contravention or
alleged contravention that will result in the rectification of the
work done in the course of providing the construction service;
(e) anything else prescribed by regulation.
Examples—undertakings
1 to take particular action to rectify, or arrange or pay for the rectification of,
work needed as a direct or indirect result of the contravention of this Act or an
operational Act
2 to take particular action to compensate people adversely affected by a
contravention of this Act or an operational Act
(3) A rectification undertaking may provide for any matters agreed
between the registrar and the entity.
(4) The registrar or a person may suggest draft undertakings before a
rectification undertaking is given by an entity under subsection (1).