49Information to be included in occupation certificate

49 Information to be included in occupation certificate

49 Information to be included in occupation certificate

(1) A certifier must not issue an occupation certificate unless the certificate contains the following information—

(a) the name of the certifier,

(b) if the certifier is a registered body corporate—the name of the individual who issued the certificate,

(c) if the certifier is a registered certifier—

(i) the registration number of the certifier, and

(ii) if the certifier is a registered body corporate—the registration number of the individual who issued the certificate,

(d) the signature of the individual who issued the certificate,

(e) the date of the certificate,

(f) whether the certificate relates to—

(i) the occupation or use of a new building, or

(ii) a change of building use for an existing building,

(g) whether the certificate applies to—

(i) the whole building or part of the building, or

(ii) a partially completed building,

(h) a statement to the effect that—

(i) if the certificate is for a part of a new building or partially completed building—the health and safety of the occupants of the building have been considered, and

(ii) a current development consent is in force for the building, and

(iii) if building work has been carried out—a current construction certificate, or a current complying development certificate, has been issued in relation to the building work plans and specifications,

(iv) the building is suitable for occupation or use in accordance with its classification under the Building Code of Australia, and

(v) a fire safety certificate has been issued, if a fire safety schedule was required under Part 10, and

(vi) a report from the Fire Commissioner has been considered, if required,

(i) the following details of a performance solution report about the building work—

(i) the title of the report,

(ii) the date on which the report was made,

(iii) the reference number and version number of the report,

(iv) the name of the person who prepared the report or on whose behalf the report was prepared,

(v) if the person referred to in subparagraph (iv) is an accredited practitioner (fire safety) and a registered certifier—the certifier’s registration number.

Maximum penalty (subsection (1))—

(a) for a corporation—300 penalty units, or

(b) for an individual—150 penalty units.

(2) A certifier must not issue an occupation certificate in relation to which a fire safety schedule was required under Part 10 unless the certificate is accompanied by—

(a) a fire safety certificate, and

(b) a fire safety schedule.

Maximum penalty (subsection (2))—

(a) for a corporation—600 penalty units, or

(b) for an individual—300 penalty units.

s 49: Am 2022 (788), Sch 1[12].