New South Wales Consolidated Acts

HOME BUILDING ACT 1989 - SECT 131

131 Certificate evidence

(1) A certificate purporting to be signed by an employee of the Department prescribed by the regulations and certifying--

(a) that an individual, or a partnership or corporation, was or was not, on a day or during a period specified in the certificate, the holder or disqualified from being the holder of a contractor licence and, if such a holder, that the holder of the contractor licence was or was not then authorised by the contractor licence to contract to do work so specified, or

(b) that an individual was or was not, on a day or during a period so specified, the holder of an endorsed contractor licence or of a supervisor or tradesperson certificate or owner-builder permit and, if such a holder, that the individual was or was not then authorised by the contractor licence, certificate or owner-builder permit to do or supervise (or both) work so specified, or

(c) that an individual so specified was or was not a nominated supervisor, or

(d) that a person had or did not have, on a day or during a period specified in the certificate, the benefit of a specified owner-builder permit, approval or exemption or of an owner-builder permit, approval or exemption of a specified kind issued under the regulations, or

(e) that conditions set out in the certificate were the conditions of a specified contractor licence, supervisor or tradesperson certificate, owner-builder permit, approval or exemption on a day or during a period specified in the certificate, or

(f) that a notice required to be given to or by the Secretary by or under this Act or the regulations was or was not given on a day or during a period specified in the certificate or was not given up to the date of the certificate,

(g) that a contractor licence, a supervisor or tradesperson certificate or an owner-builder permit identified in the certificate was or was not suspended, surrendered or cancelled on a day, or suspended for a period, specified in the certificate, or

(h) that a successor in title to work carried out under an owner-builder permit so specified is eligible for Comprehensive Protection under the Building Services Corporation insurance for a period so specified subject to any exceptions so specified,

is admissible in evidence in any proceedings and is prima facie evidence of the matters stated in it.

(2) A certificate purporting to be signed by an employee of the Authority prescribed by the regulations and certifying--

(a) that residential building work, was or was not, on a day or during a period specified in the certificate, the subject of a contract of insurance entered into under Part 6 or cover provided under Part 6B, or

(b) that a person was, or was not, on a day or during a period specified in the certificate, the holder of a licence under Part 6C, or

(c) that conditions set out in the certificate were the conditions of a specified licence under Part 6C on a day or during a period specified in the certificate, or

(d) that a licence under Part 6C identified in the certificate was, or was not, suspended, surrendered or cancelled on a day, or suspended for a period, specified in the certificate, or

(e) that a notice required to be given to or by, or served on or by, the Authority by or under this Act or the regulations was or was not given or served on a day or during a period specified in the certificate,

is admissible in evidence in any proceedings and is prima facie evidence of the matters stated in it.