Tasmanian Numbered Acts

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BUILDING ACT 2016 (NO. 25 OF 2016) - SECT 245

Emergency order
(1)  A general manager may make an emergency order if satisfied, on reasonable grounds, that a threat to life may arise out of the condition or use of a building, temporary structure or plumbing installation.
(2)  An emergency order may –
(a) require an owner or occupier of a building, temporary structure or plumbing installation to –
(i) evacuate all persons from the building, temporary structure or the building or temporary structure housing the plumbing installation; or
(ii) stop, or perform, building work or other work; and
(b) prohibit the occupation of a building or temporary structure.
(3)  An emergency order –
(a) is to be in an approved form; and
(b) is to contain any specified matter; and
(c) may specify how emergency work is to be performed under the order, including that the work must be performed other than in accordance with the regulations.
(4)  A person served with an emergency order must comply with the order.
Penalty:  In the case of –
(a) a natural person, a fine not exceeding 100 penalty units; or
(b) a body corporate, a fine not exceeding 500 penalty units.
(5)  A person may not be found guilty of an offence under this Act in respect of work that has been performed in accordance with an emergency order.
(6)  A general manager may revoke an emergency order if the circumstances giving rise to the making of the order have changed.
(7)  A general manager is to provide a copy of an emergency order to the relevant permit authority within 7 business days after making the order.



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