New South Wales Consolidated Acts

HOME BUILDING ACT 1989 - SECT 47A

47A Appointment of person to co-ordinate or supervise work if authority suspended, cancelled or surrendered

(1) If an authority is suspended, cancelled or surrendered under this or any other Act, the Secretary may, if the Secretary is satisfied that it is in the public interest to do so, by instrument in writing appoint a person to co-ordinate or supervise any work that has not been completed under any contract entered into by the holder of that authority.

(2) The appointment is not valid unless the person appointed has consented to the appointment.

(3) In appointing a person, the Secretary must have regard to the suitability of the person to co-ordinate or supervise the work. The person appointed need not be the holder of an authority under this Act.

(4) Before appointing a person, the Secretary must obtain the consent of the person for whom the work is being done.

(5) The person is to be appointed on any terms and conditions that the Secretary thinks fit.

(6) Those conditions may include a condition that the person supervise the holder of the former authority to do the work.

(7) The appointment of a person under this section may be terminated at any time by the Secretary.

(8) The terms and conditions of an appointment under this section may be varied by the Secretary at any time, with the consent of the appointed person.

(9) A person appointed under this section who is not the holder of an authority under this Act is not liable to be prosecuted for performing any work to which the appointment relates without holding an authority.

(10) The appointment of a person under this section has no effect on any contract for any work to which it relates or on any contract of insurance, or on the liability of any person under any contract of insurance, in relation to any work to which it relates.