Clause 12

Subject to subsection (3), the qualified person appointed under section 9 in respect of the structural elements of any building works shall carry out or cause to be carried out such tests of or in connection with the building works as may be prescribed or required by the Building Authority.

Any tests that may be prescribed, or required to be carried out, under subsection (1) shall be carried out in such manner and at such places and times as may be prescribed in the building regulations.

The Building Authority may, on an application in relation to any particular building works, give a direction waiving the operation of subsection (1) in relation to those building works if he is satisfied that the operation of subsection (1) in relation to that particular case would be unreasonable.

An application under subsection (3) shall be accompanied by such particulars as may be prescribed.

If a qualified person fails to comply with subsection (1), the Building Authority may, by order in writing served on the qualified person, site supervisor and builder of the building works and the person for whom the building works are carried out, require the building works to cease until the order is withdrawn.

Without prejudice to the right of the Building Authority to exercise his power under subsection (5), any qualified person who fails to comply with any requirement under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding one year or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day during which the offence continues after conviction.

If any person on whom an order made under subsection (5) is served fails to comply with the order, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding one year or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day during which the offence continues after conviction.