Home Building Act 1989 Home Building Amendment (Penalty Notices) Regulation 1999 (1999-543) [GG No 116 of 8.10.1999, p 9714] (NSW)
1999 No 543
| Home Building Amendment (Penalty | New South Wales |
Notices) Regulation 1999
under the
Home Building Act 1989
His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Home Building Act 1989.
JOHN WATKINS, M.P., Minister for Fair Trading
Explanatory note
The objects of this Regulation are to prescribe certain offences under the Home Building Act 1989 as penalty notice offences and to prescribe short descriptions for those offences.
This Regulation is made under the Home Building Act 1989, including section 138A (Penalty notices) and section 140 (the general regulation-making power).
Published in Gazette No 116 of 8 October 1999, page 9714 Page 1
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1999 No 543
| Clause 1 | Home Building Amendment (Penalty Notices) Regulation 1999 |
Home Building Amendment (Penalty Notices)
Regulation 1999
1 Name of Regulation
This Regulation is the Home Building Amendment (Penalty Notices)
Regulation 1999.
2 Amendment of Home Building Regulation 1997
The Home Building Regulation 1997 is amended as set out in
Schedule 1.
3 Notes
The explanatory note does not form part of this Regulation.
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1999 No 543
Home Building Amendment (Penalty Notices) Regulation 1999
| Amendments | Schedule 1 |
| Schedule 1 | Amendments |
(Clause 2)
[1] Clauses 67 and 68
Insert after clause 66:
67 Penalty notice offences
For the purposes of section 138A of the Act:
(a) each offence created by a provision specified in Column 1 of Schedule 4 is prescribed as a penalty notice offence, and (b) the prescribed penalty for such an offence is the amount specified in relation to the offence in Column 3 of Schedule 4. 68 Short description of offences
(1)
For the purposes of section 145B of the Justices Act 1902, the prescribed expression for an offence created by a provision specified in Column 1 of Schedule 4 consists of:
(a)
the expression specified in Column 2 of that Schedule, or
(b)
if a choice of words is indicated in that expression, the words remaining after the omission of the words irrelevant to the offence.
(2)
For the purposes of any proceedings for an offence created by a provision specified in Column 1 of Schedule 4, the prescribed expression is taken to relate to the offence created by the provision, as the provision was in force when the offence is alleged to have been committed.
(3)
The amendment or repeal of a prescribed expression does not affect the validity of any information, complaint, summons, warrant, notice, order or other document in which the expression is used, and any such document continues to have effect as if that expression had not been amended or repealed.
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1999 No 543
Home Building Amendment (Penalty Notices) Regulation 1999
| Schedule 1 | Amendments |
(4) Subclause (3) applies to any information, complaint, summons, warrant, notice, order or other document (whether issued, given or made before or after the amendment or repeal) that relates to an offence alleged to have been committed before the amendment or repeal.
[2] Schedule 4
Insert after Schedule 3:
Schedule 4 Penalty notice offences and short descriptions
(Clauses 67 and 68)
Column 1 Column 2 Column 3 Offence Prescribed expression Penalty Offences under the Act
Section 4 contract to do unlicensed residential $500 building work/specialist work Section 7A contract to do work where form $250 requirements not met Section 7B fail to give other party copy of contract $250 Section 8 (1) (a) demand/receive deposit exceeding $250 maximum Section 8 (1) (b) contract for deposit exceeding maximum $250 Section 12 do unlicensed residential building work/ $500 specialist work Section 16DA contract to supply kit home where form $250 requirements not met Section 16DB fail to give other party copy of kit home $250 contract Section 16E (1) (a) demand/receive kit home deposit $250 exceeding maximum
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1999 No 543
Home Building Amendment (Penalty Notices) Regulation 1999
| Amendments | Schedule 1 |
Section 16E (1) (b) contract for kit home deposit exceeding $250 maximum Section 36 contravene condition of authority $150 Section 44 (1) fail to lodge cancelled/varied/different $150 authority/statement about cancelled/
varied/different authoritySection 47 (c) fail to produce authority to person $150 authorised under s47 (c) Section 47 (d) fail to produce authority to person $150 authorised under s47 (d) Section 47 (e) fail to produce authority to investigator $150 Section 78 (1) fail to lodge cancelled/suspended/varied $150 licence/certificate/statement about
cancelled/suspended/varied licence/
certificateOffences under this Regulation
Clause 62 (3) fail to display required sign $150 Clause 63 fail to include required details in $150 advertisement
BY AUTHORITY
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