29Stop work orders

#### 29 Stop work orders 29 Stop work orders > > (1) The Secretary may, by order in writing given to a developer in relation to building work (a stop work order), order the developer to ensure that the building work stops if the Secretary is of the opinion that the building work is, or is likely to be, carried out in a manner that could result in significant harm or loss to the public or occupiers or potential occupiers of the building to which the work relates or significant damage to property. > > > (2) A stop work order takes effect on the day it is given to the developer or on a later day specified in the order. > > > (3) A stop work order may be unconditional or subject to conditions. > > > (4) The Secretary may, by written notice given to a developer who is subject to a stop work order, impose a condition on the order or revoke or vary a condition of the order. > > > (5) A stop work order remains in force until one of the following occurs— > > > > > (a) the order is revoked by the Secretary, > > > > > (b) the term (if any) of the order ends, > > > > > (c) the period of 12 months from the day on which the order takes effect ends. > > > (6) If the Secretary makes a stop work order, the Secretary must give the following persons notice of the making of the order— > > > > > (a) the relevant local council, > > > > > (b) if the local council is not the certifier in relation to the building work—the principal certifier. > > > (7) The Secretary is not required to give notice to a person under subsection (6) if the Secretary is unable, after making reasonable inquiries, to ascertain the identity of, or to locate, the person to whom notice would otherwise be required to be given. > > > (8) A person must not fail to comply with an order in force under this section. > > > > Maximum penalty—3,000 penalty units and in addition, in the case of a continuing offence, 300 penalty units for each day the offence continues (in the case of a body corporate) and 1,000 penalty units and in addition, in the case of a continuing offence, 100 penalty units for each day the offence continues (in any other case).