New South Wales Consolidated Acts

HOME BUILDING ACT 1989 - SECT 42

42 Term of duration of authority

(1) An application for an authority (other than an owner-builder permit) or for renewal of an authority is to nominate one of the following terms of duration for the authority (the
"nominated term" )--

(a) 1 year,

(b) 3 years,

(c) 5 years.

(2) The Secretary may grant or renew an authority for the nominated term or a shorter term than the nominated term if satisfied that it is in the public interest to do so.

(3) If an application for renewal of an authority has been made but the application is not finally determined by the Secretary before the expiry of the authority, the authority (if not suspended or sooner cancelled) continues in force until the application is finally determined.

(4) If an authority is granted or renewed for a shorter term than the nominated term, the Secretary is to refund to the applicant the difference between the fee for the nominated term and the fee for the term that was granted.

(5) The suspension of an authority does not affect the term of the authority.

(6) This section does not affect the term of any authority issued under this Act and in force immediately before the substitution of this section by the Fair Trading Legislation Amendment (Reform) Act 2018 .