New South Wales Consolidated Acts

HOME BUILDING ACT 1989 - SECT 61A

61A Power to suspend authority when show cause notice served

(1) The Secretary may by notice in writing to the holder of an authority suspend the authority pending a determination by the Secretary of whether to take disciplinary action under this Act against the holder if--

(a) a show cause notice has been served on the holder under section 61, and

(b) the Secretary is of the opinion that there are reasonable grounds to believe that--

(i) the holder has engaged in conduct that constitutes grounds for suspension of the authority, and

(ii) it is likely that the holder will continue to engage in that conduct, and

(iii) there is a danger that a person or persons may suffer significant harm, or significant loss or damage, as a result of that conduct unless action is taken urgently.

(2) The Secretary may only suspend an authority under this section if satisfied that the grounds for disciplinary action specified in the show cause notice would, if established, justify the suspension or cancellation of the authority.

(3) Such a suspension may not be imposed for a period of more than 60 days after the show cause notice is served. The period of the suspension is to be specified in the notice imposing the suspension.

(4) The Secretary is not required to afford a person an opportunity to be heard before taking action against the person under this section.

(5) The Secretary may revoke a suspension under this section at any time by notice in writing to the suspended person.

(6) This section does not limit or otherwise affect any power to suspend an authority under section 79A of the Fair Trading Act 1987 .