59TASCAT to determine certain matters

59 TASCAT to determine certain matters

[Section 59 Substituted by No. 9 of 2023, s. 63, Applied:01 Jul 2024]

(1)  Subject to subsection (2) , the Tribunal has the jurisdiction to determine the following:

(a) whether residential building work has been completed satisfactorily, if a notice has been lodged under section 47(1) in respect of a dispute relating to the work;

(b) whether residential building work complies with the requirements of –

(i) this Act; or

(ii) another Act that applies to the work or to the building where the work is to be performed;

(c) a dispute between the parties to a residential building work contract as to the terms of the contract including, but not limited to –

(i) the legal and practical effect of one or more terms of the contract; or

(ii) whether something is, or is not, a term of the contract;

(d) a matter referred to in this subsection that has been referred to the Tribunal under section 65 .

(2)  The Tribunal only has jurisdiction to determine a matter referred to in subsection (1) if –

(a) there is a relevant notice of dispute in respect of the matter; and

(b) one of the following applies in respect of the matter:

(i) the Director has rejected the relevant notice of dispute under section 48(3)(d) ;

(ii) a settlement in respect of the matter has been registered under section 53 ;

(iii) a certificate has been issued in respect of the matter under section 52A .

(3)  For the purposes of subsection (1)(a) , residential building work is taken not to have been completed satisfactorily if –