New South Wales Consolidated Acts

HOME BUILDING ACT 1989 - SECT 42A

42A Automatic suspension of licence for failure to comply with order to pay money in relation to building claim

(1) In this section--

"building claim" has the same meaning as in Part 3A, and includes a claim for the payment of an unspecified sum of money that arises from a supply of building goods or services as referred to in section 48A.

"licence" means a contractor licence (whether or not an endorsed contractor licence).

(2) If the holder of a licence fails to comply with an order of a court or the Tribunal to pay an amount of money in respect of a building claim by the due date, the licence is, subject to this section, suspended until such time as the Secretary is satisfied that the order has been complied with.

(3) For the purposes of this section, the
"due date" for payment of an amount of money in respect of a building claim is--

(a) the end of the time limit specified in the order for payment, or

(b) if no such time limit is specified in the order--the end of the period determined by the Secretary.

(4) The suspension of the licence takes effect--

(a) 28 days after the due date for payment, or

(b) if the Secretary is, before the end of that 28-day period, provided with a copy of an order staying the operation of the decision of the court or the Tribunal pending an appeal against the decision--as soon as the decision of the court or the Tribunal is confirmed on appeal.

Note--: Section 43 (Effect of pending general applications and appeals) of the Civil and Administrative Tribunal Act 2013 provides that a pending application to the Tribunal for a general decision with respect to a decision of another decision-maker does not affect the operation of (or prevent the taking of action to implement) the decision unless the Tribunal orders otherwise.

(5) The Secretary may, by notice in writing to the holder of a licence, defer the operation of the suspension of the licence under this section for any period up until the date on which the licence is due for renewal.

(6) A decision by the Secretary to defer, or not to defer, the operation of the suspension of a licence under this section cannot be reviewed by the Tribunal in an application for an administrative review made under this Act.

(7) If a licence is suspended by operation of this section, the holder of the licence must, as soon as practicable after the suspension takes effect--

(a) lodge the licence with the Secretary, or

(b) if unable to lodge the licence with the Secretary, lodge with the Secretary a statement signed by the person and providing accurate and complete details of why the licence cannot be lodged.

: Maximum penalty--40 penalty units in the case of a corporation and 20 penalty units in any other case.

(8) This section does not operate to prevent the taking of disciplinary action under Part 4 against a person on the grounds that the person has failed to comply with an order of a court or the Tribunal to pay an amount of money in respect of a building claim.