(1) For the purposes of Order No 5 (h) (and without limiting that Order) in the case of an Order to a licensed contractor under Column 3 of the Table to section 124 of the Act in respect of a defect, the circumstances specified in Column 2 are taken to be included in that Column only where the council notifies the contractor of the defect after the date of issue by the contractor of a certificate to the effect that the work has been carried out as required by the Act and the Environmental Planning and Assessment Act 1979 .
(2) A licensed contractor so notified must bear the cost of rectifying the defect.
(3) A circumstance in which the defective work is the subject of an order made by the Civil and Administrative Tribunal under the Home Building Act 1989 constitutes a circumstance that is taken to be excluded from the circumstances specified in Column 2 of the Table to section 124 of the Act as circumstances in which Order No 5 (h) can be made.
(4) An Order given by a council in respect of any such defective work ceases to have effect if an order referred to in subclause (3) is made in respect of the defective work.
(5) This clause applies only in relation to work that is not plumbing and drainage work within the meaning of the Plumbing and Drainage Act 2011 .