sec.146YNotice by commissioner about occupier’s or owner’s obligations

sec.146Y Notice by commissioner about occupier’s or owner’s obligations

The commissioner may give the occupier or owner of a building written notice requiring the occupier or owner to remedy any matter in respect of which the commissioner is of the opinion that the occupier or owner has failed to comply with this division or with regulations made under this part. The notice under subsection (1) must state the following— that the commissioner has decided the occupier or owner has failed to comply with this division or with regulations made under this part; the action to be taken by the occupier or owner to remedy the failure mentioned in paragraph (a) ; the period within which the failure must be remedied; the reasons for the decision mentioned in paragraph (a) ; that the occupier may apply to QCAT for a review of the occupancy notice; how, and the period within which, the occupier may apply to QCAT for the review; any right the occupier has to have the operation of the occupancy notice stayed under the QCAT Act . Also, to the extent that it specifies that an alteration is to be made to the structure of a building, notice under subsection (1) is not valid unless the commissioner first consults the local government in whose area the building is situated. A person who is given a notice pursuant to subsection (1) must comply with the notice. The giving of a notice under subsection (1) does not affect any other proceedings under this Act relating to the noncompliance to which the notice relates. s 146Y (prev s 104G) ins 1991 No. 51 s 3 0.12 amd 1996 No. 42 ss 20 sch 1 , 21 sch 2 ; 2001 No. 76 s 24 (1) ; 2002 No. 7 s 13 ; 2009 No. 24 s 104 ; 2023 No. 7 s 14 reloc and renum 2024 No. 22 s 56 (2) (sec.146Y-ssec.1) The commissioner may give the occupier or owner of a building written notice requiring the occupier or owner to remedy any matter in respect of which the commissioner is of the opinion that the occupier or owner has failed to comply with this division or with regulations made under this part. (sec.146Y-ssec.1A) The notice under subsection (1) must state the following— that the commissioner has decided the occupier or owner has failed to comply with this division or with regulations made under this part; the action to be taken by the occupier or owner to remedy the failure mentioned in paragraph (a) ; the period within which the failure must be remedied; the reasons for the decision mentioned in paragraph (a) ; that the occupier may apply to QCAT for a review of the occupancy notice; how, and the period within which, the occupier may apply to QCAT for the review; any right the occupier has to have the operation of the occupancy notice stayed under the QCAT Act . (sec.146Y-ssec.2) Also, to the extent that it specifies that an alteration is to be made to the structure of a building, notice under subsection (1) is not valid unless the commissioner first consults the local government in whose area the building is situated. (sec.146Y-ssec.3) A person who is given a notice pursuant to subsection (1) must comply with the notice. (sec.146Y-ssec.4) The giving of a notice under subsection (1) does not affect any other proceedings under this Act relating to the noncompliance to which the notice relates.