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HOME BUILDING ACT 1989 - SECT 48D
Investigation of dispute
48D Investigation of dispute
(1) The Secretary may appoint an employee of the Department of Customer
Service to investigate any matter that has given rise to a building dispute.
(2) After completing an investigation, an inspector must cause a written
report to be prepared on the results of the investigation and cause copies of
the report to be given to the complainant and the person with whom the
complainant is in dispute.
(3) For the purposes of making an investigation in
relation to common property in a strata scheme (within the meaning of the
Strata Schemes Management Act 2015 ), an inspector may enter and inspect the
common property at the request of the owner of a lot in the scheme concerned.
(4) The owners corporation, any person who has exclusive use of the common
property concerned and any caretaker or manager of the common property are to
provide such assistance as is reasonable to enable an inspection of that
common property to be carried out by an inspector under this section.
(5) For
the purposes of making an investigation in relation to association property in
a scheme (within the meaning of the Community Land Management Act 2021 ), an
inspector may enter and inspect the association property at the request of the
owner of a lot in the scheme concerned.
(6) The relevant association that has
the use of the association property concerned and, if the use of that
association property has been restricted to a particular owner or owners, any
such owner, and any caretaker or manager of the association property are to
provide such assistance as is reasonable to enable an inspection of that
association property to be carried out by an inspector under this section.
(7) For the avoidance of doubt, a person may be authorised under section 126
by the Secretary for the purposes of this section.
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