New South Wales Consolidated Acts

HOME BUILDING ACT 1989 - SECT 105M

105M Imposition of civil penalty on or censure of licence holder

(1) If the Authority is satisfied that a licence holder has contravened its licence or this Act or the regulations, the Authority may--

(a) impose a civil penalty on the holder not exceeding $110,000, or

(b) issue a letter of censure to the holder.

(2) An action under subsection (1) may be taken against a licence holder instead of suspending the holder's licence.

(3) Before imposing a civil penalty, the Authority is required to refer the matter to a special committee for advice and to consider any advice provided by the committee.

(4) Any such special committee--

(a) is to comprise the Chairperson of the Board of the Authority, a nominee of the Insurance Council of Australia Limited and another member nominated jointly by the Authority and that Council, and

(b) is required to give the licence holder concerned an opportunity to make written submissions with respect to the alleged contravention, but is not required to conduct a hearing into the matter.

If that Council fails to make a nomination for the purposes of constituting any such special committee within the time required by the Authority, the Minister may make that nomination on its behalf.

(5) A civil penalty that has been imposed under this section may be recovered by the Authority in a court of competent jurisdiction as a debt due to the Authority.

(6) A civil penalty that is paid or recovered is payable into the Home Building Operational Fund.

(7) Subsection (2) does not apply to the Self Insurance Corporation.