Tasmanian Numbered Acts

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BUILDING ACT 2016 (NO. 25 OF 2016) - SECT 212

Discovery of defective demolition work
(1)  The responsible person for demolition work must notify the following persons in writing during the prescribed period if the responsible person discovers, or becomes aware of, defective work while performing the demolition work:
(a) the owner of the premises where the defective work is located;
(b) the occupier of the premises where the defective work is located, if any;
(c) the relevant building surveyor for the work.
Penalty:  Fine not exceeding 100 penalty units.
(2)  Nothing in subsection (1) prevents a person who is not the responsible person for the work from informing the relevant building surveyor of any defective demolition work.
(3)  A building surveyor who is notified under subsection (1) , or who has become aware of defective demolition work in any other way, may do one or more of the following:
(a) inspect the defective work;
(b) give a written direction to the responsible person for the demolition work to do one or more of the following as specified in the direction:
(i) to repair the defective work;
(ii) to repair a defective product or system used in the work;
(iii) to replace a fitting used in the work with an authorised fitting.
(4)  A responsible person who receives a written direction under subsection (3)(b) must comply with the written direction.
Penalty:  Fine not exceeding 100 penalty units.
(5)  If a written direction given to a responsible person under subsection (3)(b) relates to incomplete demolition work, the responsible person must comply with the written direction before continuing with the demolition work.
Penalty:  Fine not exceeding 100 penalty units.
(6)  A written direction under subsection (3)(b) ceases to have effect if –
(a) the work specified in the direction is completed to the satisfaction of the relevant building surveyor; or
(b) the direction is withdrawn; or
(c) the relevant demolition work is the subject of an order by the appeal tribunal.
(7)  A written direction is not to be given under subsection (3)(b) in respect of defective demolition work if a certificate of completion has been issued in respect of that work.



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