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].