Home Building Amendment (Review of Disciplinary Action) Regulation 2003 (NSW)

2003 No 132

New South Wales

Home Building Amendment (Review of

Disciplinary Action) Regulation 2003

under the

Home Building Act 1989

His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Home Building Act 1989.

JOHN AQUILINA, M.P., Minister for Fair Trading

Explanatory note
The object of this Regulation is to amend the Home Building Regulation 1997 to allow persons aggrieved by certain decisions as to disciplinary action to apply to the Administrative Decisions Tribunal for a review of the decision concerned.

This Regulation is made under the Home Building Act 1989, including section 83B and section 140 (the general regulation-making power).

Published in Gazette No 45 of 14 February 2003, page 1616	Page 1
2003 No 132
Clause 1	Home Building Amendment (Review of Disciplinary Action) Regulation 2003

Home Building Amendment (Review of Disciplinary

Action) Regulation 2003

under the

Home Building Act 1989

1      Name of Regulation

This Regulation is the Home Building Amendment (Review of
Disciplinary Action) Regulation 2003.

2 Amendment of Home Building Regulation 1997

The Home Building Regulation 1997 is amended as set out in

Schedule 1.

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2003 No 132

Home Building Amendment (Review of Disciplinary Action) Regulation 2003

Amendments	Schedule 1
Schedule 1 Amendments

(Clause 2)

Clause 58A

Insert after clause 58:

58A	Review by Administrative Decisions Tribunal
(1) For the purposes of section 83B (3) (b) of the Act, the following decisions of the Director-General under Part 4 of the Act are prescribed:

(a)

a decision to vary an authority by imposing a condition on the authority,

(b)

adecisiontosuspendanauthority(otherthana contractor licence),

(c)

a decision to cancel an authority (other than a contractor licence),

(d)

a decision to disqualify the holder of an authority from being:

(i)	the holder of an authority, or
(ii)	a member of a partnership, or an officer of a corporation that is a member of a partnership, that is the holder of an authority, or

(iii) an officer of a corporation that is the holder of an authority.

Note. Section 83B (3) (a) of the Act provides for review by the Administrative Decisions Tribunal of a decision to impose a penalty or to cancel or suspend a contractor licence.

(2)	In this clause, authority has the same meaning as it has in section 55 of the Act.
(3)	Subclause (1) extends to any such decision made before the commencement of the subclause (but not before the commencement of section 83B (3) of the Act as substituted by the Home Building Legislation Amendment Act 2001).

BY AUTHORITY

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