QLDIn ForceAct
Queensland Building and Construction Commission Act 1991
sec.74ANCommission may require remedial action
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### sec.74AN Commission may require remedial action
This section applies if the commission reasonably believes a person—
is contravening a duty under subdivision 2 ; or
has contravened a duty under subdivision 2 in circumstances that make it likely the contravention will continue or be repeated.
The commission may, by written notice given to the person, direct the person to do the following within the period stated in the direction—
remedy the contravention;
take stated steps to prevent the contravention from continuing or being repeated.
The period stated in the direction must be at least 28 days 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 contravention; or
the contravention will cause a significant hazard to public safety or the environment generally.
A person given a direction under subsection (2) must comply with the direction.
Maximum penalty—1,000 penalty units.
s 74AN ins 2017 No. 29 s 11
(sec.74AN-ssec.1) This section applies if the commission reasonably believes a person— is contravening a duty under subdivision 2 ; or has contravened a duty under subdivision 2 in circumstances that make it likely the contravention will continue or be repeated.
(sec.74AN-ssec.2) The commission may, by written notice given to the person, direct the person to do the following within the period stated in the direction— remedy the contravention; take stated steps to prevent the contravention from continuing or being repeated.
(sec.74AN-ssec.3) The period stated in the direction must be at least 28 days 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 contravention; or the contravention will cause a significant hazard to public safety or the environment generally.
(sec.74AN-ssec.4) A person given a direction under subsection (2) must comply with the direction. Maximum penalty—1,000 penalty units.
- (a) is contravening a duty under subdivision 2 ; or
- (b) has contravened a duty under subdivision 2 in circumstances that make it likely the contravention will continue or be repeated.
- (a) remedy the contravention;
- (b) take stated steps to prevent the contravention from continuing or being repeated.
- (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 contravention; or
- (b) the contravention will cause a significant hazard to public safety or the environment generally.