sec.108AICommissioner may issue stop work notice

### sec.108AI Commissioner may issue stop work notice This section applies if the commissioner is satisfied that something is being done, or is about to be done, in contravention of a prescribed provision. The commissioner may issue a notice (a stop work notice )— prohibiting the person who is doing, or about to do, the thing from starting or continuing the thing; and directing the person to take any other action the commissioner considers necessary— to give effect to the prohibition under paragraph (a) ; or to ensure the contravention of the prescribed provision is not repeated or does not happen in the future. Before issuing a stop work notice to a person, the commissioner must— give the person written notice of the commissioner’s intention to issue the notice and the reasons for issuing the notice; and ask the person to show cause why the commissioner should not issue the notice. If a person wishes to show cause why the stop work notice should not be issued, the person may make written submissions to the commissioner within 5 days after receiving the notice under subsection (3) from the commissioner. The commissioner must consider any written submissions made by a person within the period mentioned in subsection (4) before issuing a stop work notice. A person must not contravene a stop work notice. Maximum penalty—500 penalty units. In this section— prescribed provision means a provision of— this Act; or the Building Act 1975 ; or the Building Code of Australia. s 108AI ins 2017 No. 29 s 25 (sec.108AI-ssec.1) This section applies if the commissioner is satisfied that something is being done, or is about to be done, in contravention of a prescribed provision. (sec.108AI-ssec.2) The commissioner may issue a notice (a stop work notice )— prohibiting the person who is doing, or about to do, the thing from starting or continuing the thing; and directing the person to take any other action the commissioner considers necessary— to give effect to the prohibition under paragraph (a) ; or to ensure the contravention of the prescribed provision is not repeated or does not happen in the future. (sec.108AI-ssec.3) Before issuing a stop work notice to a person, the commissioner must— give the person written notice of the commissioner’s intention to issue the notice and the reasons for issuing the notice; and ask the person to show cause why the commissioner should not issue the notice. (sec.108AI-ssec.4) If a person wishes to show cause why the stop work notice should not be issued, the person may make written submissions to the commissioner within 5 days after receiving the notice under subsection (3) from the commissioner. (sec.108AI-ssec.5) The commissioner must consider any written submissions made by a person within the period mentioned in subsection (4) before issuing a stop work notice. (sec.108AI-ssec.6) A person must not contravene a stop work notice. Maximum penalty—500 penalty units. (sec.108AI-ssec.7) In this section— prescribed provision means a provision of— this Act; or the Building Act 1975 ; or the Building Code of Australia. - (a) prohibiting the person who is doing, or about to do, the thing from starting or continuing the thing; and - (b) directing the person to take any other action the commissioner considers necessary— (i) to give effect to the prohibition under paragraph (a) ; or (ii) to ensure the contravention of the prescribed provision is not repeated or does not happen in the future. - (i) to give effect to the prohibition under paragraph (a) ; or - (ii) to ensure the contravention of the prescribed provision is not repeated or does not happen in the future. - (i) to give effect to the prohibition under paragraph (a) ; or - (ii) to ensure the contravention of the prescribed provision is not repeated or does not happen in the future. - (a) give the person written notice of the commissioner’s intention to issue the notice and the reasons for issuing the notice; and - (b) ask the person to show cause why the commissioner should not issue the notice. - (a) this Act; or - (b) the Building Act 1975 ; or - (c) the Building Code of Australia.