Australian Capital Territory Numbered Acts

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CONSTRUCTION OCCUPATIONS (LICENSING) ACT 2004 (NO. 12 OF 2004) - SECT 39

Emergency rectification order

    (1)     The registrar may make a rectification order (an emergency rectification order ) under section 38 in relation to a licensee or former licensee (the entity ), without giving the entity notice under section 34, if the registrar is satisfied that—

        (a)     the entity has provided a construction service other than in accordance with this Act or an operational Act; and

        (b)     it is appropriate to make a rectification order; and

        (c)     it is not appropriate to give notice under section 34 of the registrar's intention to make a rectification order because the need to act promptly to protect the health or safety of people, public or private property or the environment, outweighs the importance of giving the notice before making an order.

    (2)     A rectification order that is an emergency rectification order must also include the following:

        (a)     a statement explaining that the order is an emergency rectification order;

        (b)     a statement explaining that, if the thing ordered to be done is not done within the period (the completion period ) stated in the order—

              (i)     the Territory may authorise a licensee to enter the land where the thing is to be done to do the thing ordered; and

              (ii)     neither the Territory nor the authorised licensee need give the land owner or entity against whom the order is made further notice of the authorised licensee doing the thing on the land; and

              (iii)     the entity against which the order has been made will be liable for the reasonable cost incurred in doing the thing ordered.

    (3)     The completion period must not be less than 24 hours.



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