New South Wales Consolidated Acts

HOME BUILDING ACT 1989 - SECT 39

39 Time period for restoration of authorities

(1) An application for the restoration of an authority must be made--

(a) within 3 months of the expiry of the authority, or

(b) within the further period determined by the Secretary on the application of the person seeking the restoration of the authority.

(2) Without limiting subsection (1) (b), the Secretary may extend the period within which an application for the restoration of an authority may be made if the Secretary is satisfied that--

(a) in a case where the applicant failed to apply for renewal before the authority expired--the failure to apply for renewal of the authority before it expired was due to inadvertence, or

(b) it is just and equitable to restore the authority.

(3) An authority that has been surrendered or cancelled must not be restored.

(4) An application for the restoration of an authority must--

(a) be made in the approved form (if any), and

(b) be accompanied by the fee prescribed by the regulations, and

(c) nominate a term of duration for the authority.

(5) An authority restored at any time is taken to have been restored on and from the day on which the authority expired.

(6) Subject to this section, this Act applies to an application for the restoration of an authority in the same way as it applies to an application for an authority.