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](/view/html/inforce/current/act-2018-063) 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](/view/html/inforce/current/act-2018-063) in relation to the person who performed the certification work on behalf of the council, and > > > > > > > (ii) the records required to be kept by the council under the [Building and Development Certifiers Act 2018](/view/html/inforce/current/act-2018-063).