sec.72Power to require rectification of building work and remediation of consequential damage

### sec.72 Power to require rectification of building work and remediation of consequential damage This section applies if the commission is of the opinion that— building work is defective or incomplete; or consequential damage has been caused by, or as a consequence of, carrying out building work. The commission may direct the person who carried out the building work to do the following within the period stated in the direction— for building work that is defective or incomplete—rectify the building work; for consequential damage—remedy the damage. A regulation may prescribe a period within which the commission must make the direction. If a period is prescribed under subsection (2AA) , the commission must make the direction during the prescribed period. In deciding whether to give the direction, the commission may take into consideration all the circumstances it considers are reasonably relevant and, in particular, is not limited to a consideration of the terms of the contract for carrying out the building work (including the terms of any warranties included in the contract). The period stated in the direction must be the period prescribed by regulation unless the commission is satisfied that, if the direction is not required to be complied with within a shorter period— a substantial loss will be incurred by, or a significant hazard will be caused to the health or safety of, a person because of the defective or incomplete building work or consequential damage; or the defective or incomplete building work, or consequential damage, will cause a significant hazard to public safety or the environment generally. The commission is not required to give the direction if the commission is satisfied that, in the circumstances, it would be unfair to the person to give the direction. The commission might decide not to give a direction for the rectification of building work because an owner refuses to allow a building contractor to return to the owner’s home or because an owner’s failure to properly maintain a home has exacerbated the extent of defective building work carried out on the home. The commission may, before it considers whether building work is defective or incomplete, require the consumer for the building work comply with a process established by the commission to attempt to resolve the matter with the person who carried out the work. In subsection (3) , a reference to a contract for carrying out building work includes a reference to a domestic building contract for managing the carrying out of building work. To remove any doubt, it is declared that the commission may act under this section in relation to consequential damage whether or not an owner or occupier has made a request under section 71J . s 72 amd 1994 No. 20 s 25 ; 1999 No. 43 s 32 ; 2000 No. 9 s 104 sch 1 ; 2000 No. 10 s 183 sch 1 ; 2000 No. 20 s 29 sch 3 ; 2007 No. 47 s 51 ; 2013 No. 38 s 14 sch 1 sub 2014 No. 57 s 37 amd 2017 No. 43 s 281 ; 2021 No. 23 s 56B (sec.72-ssec.1) This section applies if the commission is of the opinion that— building work is defective or incomplete; or consequential damage has been caused by, or as a consequence of, carrying out building work. (sec.72-ssec.2) The commission may direct the person who carried out the building work to do the following within the period stated in the direction— for building work that is defective or incomplete—rectify the building work; for consequential damage—remedy the damage. (sec.72-ssec.2AA) A regulation may prescribe a period within which the commission must make the direction. (sec.72-ssec.2A) If a period is prescribed under subsection (2AA) , the commission must make the direction during the prescribed period. (sec.72-ssec.3) In deciding whether to give the direction, the commission may take into consideration all the circumstances it considers are reasonably relevant and, in particular, is not limited to a consideration of the terms of the contract for carrying out the building work (including the terms of any warranties included in the contract). (sec.72-ssec.4) The period stated in the direction must be the period prescribed by regulation unless the commission is satisfied that, if the direction is not required to be complied with within a shorter period— a substantial loss will be incurred by, or a significant hazard will be caused to the health or safety of, a person because of the defective or incomplete building work or consequential damage; or the defective or incomplete building work, or consequential damage, will cause a significant hazard to public safety or the environment generally. (sec.72-ssec.5) The commission is not required to give the direction if the commission is satisfied that, in the circumstances, it would be unfair to the person to give the direction. The commission might decide not to give a direction for the rectification of building work because an owner refuses to allow a building contractor to return to the owner’s home or because an owner’s failure to properly maintain a home has exacerbated the extent of defective building work carried out on the home. (sec.72-ssec.6) The commission may, before it considers whether building work is defective or incomplete, require the consumer for the building work comply with a process established by the commission to attempt to resolve the matter with the person who carried out the work. (sec.72-ssec.7) In subsection (3) , a reference to a contract for carrying out building work includes a reference to a domestic building contract for managing the carrying out of building work. (sec.72-ssec.8) To remove any doubt, it is declared that the commission may act under this section in relation to consequential damage whether or not an owner or occupier has made a request under section 71J . - (a) building work is defective or incomplete; or - (b) consequential damage has been caused by, or as a consequence of, carrying out building work. - (a) for building work that is defective or incomplete—rectify the building work; - (b) for consequential damage—remedy the damage. - (a) a substantial loss will be incurred by, or a significant hazard will be caused to the health or safety of, a person because of the defective or incomplete building work or consequential damage; or - (b) the defective or incomplete building work, or consequential damage, will cause a significant hazard to public safety or the environment generally.