7Notification to Secretary of intended completion of building work

#### 7 Notification to Secretary of intended completion of building work 7 Notification to Secretary of intended completion of building work > > (1) A developer in relation to building work must not cause or permit an application to be made for an occupation certificate for any part of a residential apartment building for which the building work is being or was carried out unless, at least 6 months, but not more than 12 months, before that application is made, the developer notified the Secretary, or caused the Secretary to be notified, of that proposed application (an expected completion notice). > > > (2) The expected completion notice must set out the date that the developer expects to make the application for the occupation certificate for the building or part of the building (the expected date). > > > (3) Despite subsection (1), if, at the commencement of building work for a new building, the developer expects to make the application for the occupation certificate for the building or part of the building within less than 6 months, the developer must give the Secretary, or cause the Secretary to be given, an expected completion notice within 30 days of the commencement of that building work. > > > (4) The expected completion notice is to be given in a manner and form approved by the Secretary. > > > (5) The regulations may provide that the expected completion notice may be given to another person in the manner and form prescribed as an alternative to being given to the Secretary. > > > (6) If there is more than 1 developer in relation to a residential apartment building, it is a defence to a prosecution for an offence under this section if the defendant proves that another developer gave the required expected completion notice to the Secretary (or other person prescribed under subsection (5)). > > Maximum penalty— > > > (a) for a body corporate—3,000 penalty units and in addition, in the case of a continuing offence, 300 penalty units for each day the offence continues, or > > > (b) otherwise—1,000 penalty units and in addition, in the case of a continuing offence, 100 penalty units for each day the offence continues. > > **s 7:** Am 2021 No 21, Sch 2\[3\]; 2022 No 61, Sch 1.5\[1\].