s.26Non-compliance notices and appeals against them
26
Section 26Part 5 — OFFENCES AND PROCEEDINGS

Non-compliance notices and appeals against them

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Where —
the Board has reasonable grounds for believing that a person is carrying out construction in breach of section 22; and
the Board considers it is expedient to do so having regard to all the circumstances,
the Board may issue a non-compliance notice requiring the breach to be remedied.
A non-compliance notice shall specify —
the matters alleged to constitute a breach of section 22;
the construction which the person named in the notice is prohibited from carrying out;
any steps which the Board requires to be taken by the person alleged to be in breach in order to remedy the breach, including steps enabling that person to comply with the conditions of that person's registration or to become registered; and
the period within which any such steps are to be taken.
A non-compliance notice shall take effect seven days after the date of service of the notice on the person named in it as being in breach of this section.
As soon as practicable after the Board has issued a non-compliance notice a copy of the notice shall be served —
on the person named in it as being in breach of section 22; and
on any person who has an interest in any land or business premises on or in relation to which the breach has occurred.
A person who contravenes this section commits an offence and is liable on summary conviction to a fine not exceeding two thousand dollars and, in addition, to a mandatory fine of two hundred and fifty dollars for every day on which the offence continues after the person has been convicted of that offence, and on a second conviction to a like fine or imprisonment for three months or both.
The person named in a non-compliance notice may within twenty days of notification of the decision appeal to the summary court against the notice, whether or not a copy of the notice has been or is deemed to have been served on that person.
A non-compliance notice shall cease to have effect on the issuance by the Board of a certificate to the effect that it is satisfied that the person named in the notice —
is no longer in breach of section 22(1)(a); or
has taken sufficient steps to ensure that that person will no longer be in breach of section 22(1)(b).
A certificate referred to in subsection (7) may be issued by the Board —
on its own initiative; or
on the application of the person named in the non-compliance notice,
and in either case shall be issued as soon as reasonably practicable after the decision is made but in any case within five days.
If the Board determines that a certificate referred to in subsection (7) must not be issued, it shall in five days give notice in writing to the person named in the notice, giving therein reasons for that determination.

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