Building Control Act 1989 · s 25H

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—(1) A person responsible for an exterior feature of a building who, without reasonable excuse, fails to keep or maintain the exterior feature in such manner as to be securely fixed to the building and as will prevent any collapse (wholly or partly) of the exterior feature or its support shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.(2) In any proceedings for an offence under subsection (1), it is presumed, in the absence of proof to the contrary, that the person responsible for an exterior feature of a building has failed to keep or maintain the exterior feature in such manner as to ensure that it is securely fixed to the building and as will prevent any collapse (wholly or partly) of the exterior feature or its support, if it is proved that —(a)the exterior feature or part of the exterior feature has collapsed or fallen; and(b)there is damage to, deterioration or other disrepair of the exterior feature or its support that is not caused by accident or acts of nature, including but not limited to fire, explosion, windstorm, hail, lightning, falling trees, aircraft, vehicles, flood, earthquake or landslide.(3) It is a defence for a person charged with an offence under subsection (1) to prove to the satisfaction of the court that there is a defect in the whole or any part of the exterior feature or its support that is caused by materials or work supplied by any person other than the person responsible for the exterior feature.(4) Without limiting subsection (3), a person responsible for an exterior feature shall not be guilty of an offence under subsection (1) if the person responsible —(a)provides, not later than the 7th day after a notice alleging that the person responsible is guilty of an offence under subsection (1) is served on the person responsible, by statutory declaration to the Commissioner of Building Control, the name of the contractor, managing agent or other person appointed by the person responsible to manage and maintain the exterior feature at all relevant times relating to the offence concerned; and(b)satisfies the court that the person responsible relied, in good faith and after making proper inquiry (if the circumstances indicated the need for inquiry of the advice or services), on professional or expert advice or other services given or rendered by the contractor, managing agent or other person in relation to the exterior feature concerned.(5) In any proceedings against a person named in a statutory declaration made under subsection (4) in respect of an offence under subsection (1), the statutory declaration is prima facie evidence that the person concerned had charge and control of the management and maintenance of the exterior feature at all relevant times relating to the offence.(6) In subsection (4), “managing agent” means a managing agent appointed under the Building (Strata Management) Act 2004.
A person responsible for an exterior feature of a building who, without reasonable excuse, fails to keep or maintain the exterior feature in such manner as to be securely fixed to the building and as will prevent any collapse (wholly or partly) of the exterior feature or its support shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.
In any proceedings for an offence under subsection (1), it is presumed, in the absence of proof to the contrary, that the person responsible for an exterior feature of a building has failed to keep or maintain the exterior feature in such manner as to ensure that it is securely fixed to the building and as will prevent any collapse (wholly or partly) of the exterior feature or its support, if it is proved that —(a)the exterior feature or part of the exterior feature has collapsed or fallen; and(b)there is damage to, deterioration or other disrepair of the exterior feature or its support that is not caused by accident or acts of nature, including but not limited to fire, explosion, windstorm, hail, lightning, falling trees, aircraft, vehicles, flood, earthquake or landslide.
It is a defence for a person charged with an offence under subsection (1) to prove to the satisfaction of the court that there is a defect in the whole or any part of the exterior feature or its support that is caused by materials or work supplied by any person other than the person responsible for the exterior feature.
Without limiting subsection (3), a person responsible for an exterior feature shall not be guilty of an offence under subsection (1) if the person responsible —(a)provides, not later than the 7th day after a notice alleging that the person responsible is guilty of an offence under subsection (1) is served on the person responsible, by statutory declaration to the Commissioner of Building Control, the name of the contractor, managing agent or other person appointed by the person responsible to manage and maintain the exterior feature at all relevant times relating to the offence concerned; and(b)satisfies the court that the person responsible relied, in good faith and after making proper inquiry (if the circumstances indicated the need for inquiry of the advice or services), on professional or expert advice or other services given or rendered by the contractor, managing agent or other person in relation to the exterior feature concerned.
In any proceedings against a person named in a statutory declaration made under subsection (4) in respect of an offence under subsection (1), the statutory declaration is prima facie evidence that the person concerned had charge and control of the management and maintenance of the exterior feature at all relevant times relating to the offence.
In subsection (4), “managing agent” means a managing agent appointed under the Building (Strata Management) Act 2004.

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s 25HUnsafe exterior feature

(1)

A person responsible for an exterior feature of a building who, without reasonable excuse, fails to keep or maintain the exterior feature in such manner as to be securely fixed to the building and as will prevent any collapse (wholly or partly) of the exterior feature or its support shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.

(2)

In any proceedings for an offence under subsection (1), it is presumed, in the absence of proof to the contrary, that the person responsible for an exterior feature of a building has failed to keep or maintain the exterior feature in such manner as to ensure that it is securely fixed to the building and as will prevent any collapse (wholly or partly) of the exterior feature or its support, if it is proved that —

(a)

the exterior feature or part of the exterior feature has collapsed or fallen; and

(b)

there is damage to, deterioration or other disrepair of the exterior feature or its support that is not caused by accident or acts of nature, including but not limited to fire, explosion, windstorm, hail, lightning, falling trees, aircraft, vehicles, flood, earthquake or landslide.

(3)

It is a defence for a person charged with an offence under subsection (1) to prove to the satisfaction of the court that there is a defect in the whole or any part of the exterior feature or its support that is caused by materials or work supplied by any person other than the person responsible for the exterior feature.

(4)

Without limiting subsection (3), a person responsible for an exterior feature shall not be guilty of an offence under subsection (1) if the person responsible —

(a)

provides, not later than the 7th day after a notice alleging that the person responsible is guilty of an offence under subsection (1) is served on the person responsible, by statutory declaration to the Commissioner of Building Control, the name of the contractor, managing agent or other person appointed by the person responsible to manage and maintain the exterior feature at all relevant times relating to the offence concerned; and

(b)

satisfies the court that the person responsible relied, in good faith and after making proper inquiry (if the circumstances indicated the need for inquiry of the advice or services), on professional or expert advice or other services given or rendered by the contractor, managing agent or other person in relation to the exterior feature concerned.

(5)

In any proceedings against a person named in a statutory declaration made under subsection (4) in respect of an offence under subsection (1), the statutory declaration is prima facie evidence that the person concerned had charge and control of the management and maintenance of the exterior feature at all relevant times relating to the offence.

(6)

In subsection (4), “managing agent” means a managing agent appointed under the Building (Strata Management) Act 2004.