8Cost of inspection, &c., not to be passed on

8 Cost of inspection, &c., not to be passed on

(1)  Except as provided in subregulation (2) , a person against whom a rectification order has been made under section 57 of the Act must bear all costs incurred in respect of –

(a) rectifying the defective work that is the subject of the rectification order; and

(b) complying with the rectification order.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 50 penalty units; or

(b) an individual, a fine not exceeding 25 penalty units.

(2)  A person against whom a rectification order has been made may recover the cost of rectification of the defective work if –

(a) the Administrator is satisfied that the defect in the work was caused by the conduct of a person other than that person or his or her agent; or

(b) the Administrator has approved the recovery of the costs.