New South Wales Consolidated Acts

BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 1999 - SECT 28A

28A Code of practice for authorised nominating authorities

(1) The Minister may, by order published on the NSW legislation website, make a code of practice to be observed by an authorised nominating authority in relation to its activities under this Act. The order is to set out the code of practice.

(2) The code of practice takes effect on the day on which the order is published or, if the order specifies a later date for commencement, on the later date.

(3) The Minister may, by order published on the NSW legislation website, amend or repeal the code of practice.

(4) An authorised nominating authority that contravenes a provision of the code of practice that is identified in the code as an "offence provision" is guilty of an offence under this section.

: Maximum penalty--50 penalty units.

(5) The Minister may withdraw a person's authority to nominate adjudicators for the purposes of this Act if the Minister is satisfied that the person has contravened a provision of the code of practice. Nothing in this subsection limits--

(a) the grounds on which the Minister may withdraw any such authority under section 28, or

(b) the right of a person under that section to apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the Minister's decision to withdraw the authority.