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\[12\].