42Health and safety, compliance with development consent and other issues

#### 42 Health and safety, compliance with development consent and other issues 42 Health and safety, compliance with development consent and other issues > > (1) A certifier must not issue an occupation certificate authorising a person to commence the following if the building is a hazard to the health or safety of the occupants of the building— > > > > > (a) occupation or use of a partially completed new building, > > > > > (b) a new use of a part of an existing building. > > > (2) A certifier must not issue an occupation certificate authorising a person to commence occupation or use of a temporary structure as an entertainment venue unless— > > > > > (a) the certifier has inspected the temporary structure, and > > > > > (b) the temporary structure is suitable for its proposed occupation or use as an entertainment venue, including for the number of persons proposed to occupy or use the temporary structure. > > > (3) A certifier must not issue an occupation certificate authorising a person to commence occupation or use of a new building, or a partially completed new building, unless the design and construction of the new building, or the part of the new building that is completed, is consistent with the development consent in force for the new building. > > > (4) Subsection (3) applies only if the development consent, not including a construction certificate forming part of the consent, was issued on or after 1 March 2013. > > Maximum penalty (subsections (1)–(3))— > > > (a) for a corporation—300 penalty units, or > > > (b) for an individual—150 penalty units.