115AUndertakings

#### 115A Undertakings 115A Undertakings > > (1) The Secretary may accept a written undertaking, relating to the carrying out of residential building work or specialist work, from the holder of an authority. > > > > Note— > > > > Part 4, Division 2 provides that a contravention of an undertaking is grounds for taking disciplinary action against the holder. Section 138 provides that a contravention of an undertaking is grounds for the Supreme Court to grant an injunction. > > > (2) Without limiting subsection (1), the Secretary may accept a written undertaking from the holder of an authority that the holder will do 1 or more of the following— > > > > > (a) refrain from conduct that contravenes this Act or the regulations, > > > > > (b) take action to prevent or remedy a contravention of this Act or the regulations, > > > > > (c) take action to resolve a building dispute, > > > > > (d) provide the Secretary with a rectification bond that the Secretary may claim or realise to ensure that— > > > > > > > (i) residential building work or specialist work is completed, or > > > > > > > (ii) a defect in or damage to residential building work or specialist work is rectified, > > > > > (e) pay an amount into the Home Building Administration Fund under section 114 that the Secretary considers appropriate in the circumstances. > > > (3) If an undertaking requires the holder of an authority to provide the Secretary with a rectification bond, the undertaking must include— > > > > > (a) the circumstances in which the rectification bond may be claimed or realised, and > > > > > (b) the procedure for claiming or realising the rectification bond. > > > (4) In this section— > > > > authority has the same meaning as in Part 4, Division 2. > > > > rectification bond means a bank guarantee, bond or other form of security acceptable to the Secretary. > > **s 115A:** Ins 1994 No 54, Sch 5 (2). Am 1996 No 122, Sch 5 \[24\]. Rep 1997 No 82, Sch 3 \[5\]. Ins 2021 No 32, Sch 1.5\[3\].