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Legislative Assembly for the ACT: 2004 Week 03 Hansard (Thursday, 11 March 2004) . . Page.. 1179 ..

5

Proposed new clause 35A

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insert

35A Considerations  for deciding under s 34 and s 35

(1) In deciding whether it is, or may be, appropriate to make a rectification order in relation to an entity that is contravening, or has or may have contravened, this Act, the registrar must consider the following:

(a) any injury, loss or damage caused, or that could have been caused, by the contravention;

(b) if a rectification order is proposed—how the proposed order may affect people affected by the contravention.

Examples of effect of contravention, including injury, loss and damage

1 reduction in safety, reliability, durability, soundness, functionality, accessibility, serviceability, service life, usability, usefulness, amenity, aesthetic quality, value or efficiency of thing affected by contravention

2 adverse affect on health of user of thing affected by contravention

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(2) The registrar may consider anything else that is relevant.

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Clause 36 (1) (c)

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omit clause 36 (1) (c), substitute

(c) is not satisfied that—

(i) it is appropriate to make a rectification order in relation to the entity, because of the relationship between the entity and the land owner; and

(ii) the act that caused the contravention happened, or ended, more than 10 years before the day the Territory proposes to authorise someone under this section.

Note See s 146 for the extended meaning in this section of a contravention of this Act.

7

Clause 42 (1), penalty

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omit the penalty, substitute

Maximum penalty: 50 penalty units.

8

Clause 53 (1), proposed new note

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