New South Wales Consolidated Acts

HOME BUILDING ACT 1989 - SECT 38

38 Provisional authorities

(1) The Secretary may, but only if the Secretary considers that special circumstances exist, issue an authority to an applicant even though the applicant does not meet a requirement imposed by or under this Act for the issue of the authority.

(2) When any such authority is issued, the Secretary is required to indicate, in a notice served on the applicant, that it is a provisional authority.

(3) The Secretary may cancel the provisional nature of an authority at any time by serving notice to that effect on the holder of the authority.

(4) The Secretary may cancel a provisional authority at any time by serving notice of cancellation on the holder of the authority.

(5) In deciding whether or not special circumstances exist that would warrant issuing a provisional supervisor certificate, the Secretary must at least be satisfied that--

(a) the applicant has passed a minimum standard test set or approved by the Secretary to establish the applicant's credentials as an experienced tradesperson in relation to the work that the certificate will authorise its holder to do or to supervise, and

(b) the applicant will have the opportunity within 3 years of being issued the certificate provisionally to satisfy the requirements imposed by or under this Act for the issue of the certificate.