Queensland Consolidated Acts

BUILDING ACT 1975 - SECT 245Q

245Q Cancellation or amendment

(1) This section applies if the QBCC commissioner is satisfied the pool safety measures under the owner’s approved pool safety management plan no longer appropriately provide for the safety of young children in and around the pool.

(2) The commissioner may, by notice given to the owner—

(a) cancel the approval for the plan; or

(b) require the owner to amend the plan in the way stated in the notice.

(3) However, before acting under subsection (2) , the commissioner must—

(a) give the owner a notice (a
"show cause notice" ) stating each of the following—

(i) the proposed action the commissioner is considering taking under subsection (2) ;

(ii) the grounds for taking the proposed action;

(iii) the facts and circumstances forming the basis for the grounds;

(iv) if the proposed action is to require the owner to amend the plan—the proposed amendment;

(v) that the owner may, within a stated period (the
"show cause period" ), make submissions to the commissioner about why the proposed action should not be taken; and

(b) consider any submissions made to the commissioner under paragraph (a) (v) .

(4) The show cause period must end at least 20 business days after the owner is given the show cause notice.

(5) If, after complying with subsection (3) , the commissioner decides not to take the proposed action, the commissioner must give the owner notice of the decision.

(6) If, after complying with subsection (3) , the commissioner decides to take the proposed action, the commissioner must give the owner an information notice about the decision.

Note—

For reviews of a decision under subsection (5) or (6) , see the QBCC Act , part 7 , division 3 .