Queensland Consolidated Acts

BUILDING ACT 1975 - SECT 246ATB

246ATB Private certifier to take enforcement action

(1) The private certifier must take appropriate enforcement action against the owner of the regulated pool to ensure it complies with the pool safety standard.

(2) For taking the enforcement action—

(a) a reference in section 248 to a local government includes a reference to a private certifier (class A) taking action under subsection (1) ; and

(b) a reference in the Planning Act , chapter 5 , part 3 to an enforcement authority includes a reference to a private certifier (class A) taking action under subsection (1) .

(3) However, in taking the enforcement action, the private certifier need not first give a show cause notice for the matter the subject of the enforcement action.

(4) Subsection (3) applies despite section 248 (3) and the Planning Act , section 167 .

(5) To remove any doubt, it is declared that this section does not limit the local government’s functions or powers under this Act or the Planning Act , chapter 5 , part 3 .

(6) If—

(a) under this section a private certifier (class A) gives a person an enforcement notice; and

(b) the person does not comply with the notice;

the certifier must as soon as practicable give the local government notice of the noncompliance.