1 Name of Regulation
This Regulation is the Residential Apartment Buildings (Compliance and Enforcement Powers) Regulation 2020.
2 Commencement
This Regulation commences on 1 September 2020 and is required to be published on the NSW legislation website.
3 Definition
(1) In this Regulation—the Act means the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020.Note—The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.(2) Notes included in this Regulation do not form part of this Regulation.
3A Secretary may issue prohibition order if rectification bond not provided
(1) For the purposes of the Act, section 9(1)(f), the Secretary may make a prohibition order in relation to a residential apartment building if—(a) the Secretary has accepted, under the Act, section 28(1), a written undertaking from a developer that the developer will provide the Secretary with a rectification bond in relation to the residential apartment building, and(b) the rectification bond required under the terms of the undertaking has not been provided to the Secretary.(2) In this clause—rectification bond, in relation to a residential apartment building, means a bank guarantee, bond or other form of security acceptable to the Secretary, that may be claimed or realised by the Secretary, or another party approved by the Secretary, to meet the costs of eliminating, minimising or remediating a serious defect or a potential serious defect in the residential apartment building.cl 3A: Ins 2021 (510), sec 3.
4 Exchange of information
For the purposes of the Act, section 65(7), definition of relevant agency, paragraph (b), the following persons and bodies are prescribed—(a) a local council,(b) an owner of a residential apartment building that is not subject to a strata scheme,(c) an owners corporation for a strata scheme for a residential apartment building,(d) a contractor or subcontractor engaged, for and on behalf of the Secretary, to carry out building work in relation to a residential apartment building.cl 4: Subst 2021 (252), cl 3.
Schedule 1 Penalty notice offences
1 Application of Schedule
(1) For the purposes of section 57 of the Act—(a) each offence created by a provision specified in this Schedule is an offence for which a penalty notice may be issued, and(b) the amount payable for the penalty notice is the amount specified opposite the provision.(2) If the provision is qualified by words that restrict its operation to limited kinds of offences or to offences committed in limited circumstances, the penalty notice may be issued only for—(a) that limited kind of offence, or(b) an offence committed in those limited circumstances.
Column 1 | Column 2 | Column 3 |
Provision | Penalty—individuals | Penalty—corporations |
Offences under the Act | ||
Section 7 | $3,000 | $11,000 |
Section 8 | $1,500 | $5,500 |
Section 9(7) | $3,000 | $11,000 |
Section 37(2) | — | $220 |
Section 45(2) | — | $220 |