sec.146ZProhibition on prescribed use without certificate of compliance

sec.146Z Prohibition on prescribed use without certificate of compliance

A regulation may prohibit the use of a building as prescribed under the regulation unless there is in existence a certificate of compliance issued under section 147 in relation to that building use. A regulation made under subsection (1) — must be expressed to apply in relation to a building use specified in schedule 1 unless the Governor in Council is satisfied that urgent action is required to reduce the risk of fire in relation to a building use not specified in schedule 1 ; and may be expressed to apply in relation to all buildings or any building of a description defined in the regulation. A regulation may revoke a certificate of compliance or class thereof issued before the regulation is made that authorised a building use to which the regulation applies. An occupier of a building who uses the building in contravention of a regulation made under subsection (1) commits an offence against this Act. An occupier of a building is not liable to any penalty prescribed by this Act by reason of the building being used in contravention of subsection (4) on and from the date the occupier makes application for a certificate of compliance under section 147 to and including the date the occupier is issued a certificate of compliance or given a notice refusing the application pursuant to section 147 . Subsection (5) does not apply in relation to an application made after a previous application has been refused. s 146Z (prev s 104H) ins 1991 No. 51 s 3 0.13 amd 1995 No. 55 s 20 ; 2024 No. 22 s 92 sch 1 reloc and renum 2024 No. 22 s 56 (2) (sec.146Z-ssec.1) A regulation may prohibit the use of a building as prescribed under the regulation unless there is in existence a certificate of compliance issued under section 147 in relation to that building use. (sec.146Z-ssec.2) A regulation made under subsection (1) — must be expressed to apply in relation to a building use specified in schedule 1 unless the Governor in Council is satisfied that urgent action is required to reduce the risk of fire in relation to a building use not specified in schedule 1 ; and may be expressed to apply in relation to all buildings or any building of a description defined in the regulation. (sec.146Z-ssec.3) A regulation may revoke a certificate of compliance or class thereof issued before the regulation is made that authorised a building use to which the regulation applies. (sec.146Z-ssec.4) An occupier of a building who uses the building in contravention of a regulation made under subsection (1) commits an offence against this Act. (sec.146Z-ssec.5) An occupier of a building is not liable to any penalty prescribed by this Act by reason of the building being used in contravention of subsection (4) on and from the date the occupier makes application for a certificate of compliance under section 147 to and including the date the occupier is issued a certificate of compliance or given a notice refusing the application pursuant to section 147 . (sec.146Z-ssec.6) Subsection (5) does not apply in relation to an application made after a previous application has been refused.