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HOME BUILDING ACT 1989 - SECT 131
Certificate evidence
131 Certificate evidence
(1) A certificate purporting to be signed by an employee of the Department of
Customer Service prescribed by the regulations and certifying-- (a) that an
individual, or a partnership or corporation, was or was not, on a day or
during a period specified in the certificate, the holder or disqualified from
being the holder of a contractor licence and, if such a holder, that the
holder of the contractor licence was or was not then authorised by the
contractor licence to contract to do work so specified, or
(b) that an
individual was or was not, on a day or during a period so specified, the
holder of an endorsed contractor licence or of a supervisor or tradesperson
certificate or owner-builder permit and, if such a holder, that the individual
was or was not then authorised by the contractor licence, certificate or
owner-builder permit to do or supervise (or both) work so specified, or
(c)
that an individual so specified was or was not a nominated supervisor, or
(d)
that a person had or did not have, on a day or during a period specified in
the certificate, the benefit of a specified owner-builder permit, approval or
exemption or of an owner-builder permit, approval or exemption of a specified
kind issued under the regulations, or
(e) that conditions set out in the
certificate were the conditions of a specified contractor licence, supervisor
or tradesperson certificate, owner-builder permit, approval or exemption on a
day or during a period specified in the certificate, or
(f) that a notice
required to be given to or by the Secretary by or under this Act or the
regulations was or was not given on a day or during a period specified in the
certificate or was not given up to the date of the certificate,
(g) that a
contractor licence, a supervisor or tradesperson certificate or an
owner-builder permit identified in the certificate was or was not suspended,
surrendered or cancelled on a day, or suspended for a period, specified in the
certificate, or
(h) that a successor in title to work carried out under an
owner-builder permit so specified is eligible for Comprehensive Protection
under the Building Services Corporation insurance for a period so specified
subject to any exceptions so specified,
is admissible in evidence in any
proceedings and is prima facie evidence of the matters stated in it.
(2) A
certificate purporting to be signed by an employee of the Authority prescribed
by the regulations and certifying-- (a) that residential building work, was or
was not, on a day or during a period specified in the certificate, the subject
of a contract of insurance entered into under Part 6 or cover provided under
Part 6B, or
(b) that a person was, or was not, on a day or during a period
specified in the certificate, the holder of a licence under Part 6C, or
(c)
that conditions set out in the certificate were the conditions of a specified
licence under Part 6C on a day or during a period specified in the
certificate, or
(d) that a licence under Part 6C identified in the
certificate was, or was not, suspended, surrendered or cancelled on a day, or
suspended for a period, specified in the certificate, or
(e) that a notice
required to be given to or by, or served on or by, the Authority or a
claims administrator by or under this Act or the regulations was or was not
given or served on a day or during a period specified in the certificate,
is
admissible in evidence in any proceedings and is prima facie evidence of the
matters stated in it.
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