69Provision of information to replacement principal certifiers

69 Provision of information to replacement principal certifiers

69 Provision of information to replacement principal certifiers

(1) This section applies if—

(a) a principal certifier (the new principal certifier) has been appointed to replace another principal certifier (the old principal certifier), and

(b) the new principal certifier is unable to obtain the prescribed information about a matter from the old principal certifier.

(2) The new principal certifier may, by written notice, request that the Registration Secretary give a direction in relation to the matter.

(3) The Registration Secretary may give a written direction to the following persons to give the prescribed information to the new principal certifier within the period specified in the notice—

(a) the old principal certifier,

(b) a person who the Registration Secretary reasonably believes has the information.

(4) A person must not, without reasonable excuse, fail to comply with a direction given to the person by the Registration Secretary.

Maximum penalty (subsection (4))—20 penalty units.

(5) It is not a reasonable excuse for the purposes of subsection (4) that a person has—

(a) a claim to a lien over a document or record that is prescribed information, or

(b) a right to keep the document or record as security for payment.

(6) In this section—

prescribed information means the following information, or a copy of the information, in relation to a matter—

(a) if the old principal certifier is not a council—the documents and records required to be kept under the Building and Development Certifiers Act 2018 by a registration holder, and

(b) if the old principal certifier is a council—

(i) the information required to be given to the Registration Secretary under the Building and Development Certifiers Act 2018 in relation to the person who performed the certification work on behalf of the council, and