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First suspension of builder under new laws

22 June 2009

Fair Trading Minister Virginia Judge today announced the first suspension of a NSW building contractor under new laws that came into effect on 1 April this year.

Ms Judge said building contractor licence 196569C of GAJAC Pty Ltd of Kellyville NSW had been suspended on 16 June.

“GAJAC Pty Ltd had an outstanding money order of $11,550 that was due and payable by 18 May 2009,” she said.

“Under the Home Building Act 1989, they were afforded 28 days before suspension occurred.

“Contact could not be made with GAJAC, with mail returned and the phone disconnected.”

Ms Judge said that prior to 1 April 2009, where a builder refused to satisfy a money order issued by the Consumer, Trader and Tenancy Tribunal, the builder could continue to trade up until their licence came up for renewal.

“The recent advent of 3 year licences meant that licence holders could (in some instances) continue to hold their licence for up to 3 years while still having outstanding Tribunal orders,” she said.

“On 1 April 2009, changes to the Act empowered the Office of Fair Trading’s Home Building Service to suspend the licences of builders who had outstanding Tribunal money orders.

“The suspension provisions apply to matters that were lodged with the Tribunal after 1 April 2009 and result in a Tribunal money order.

“Suspensions under this new legislation are automatic and are not subject to appeal, but can be lifted if the outstanding Tribunal money order is later paid.”

For more information, view Home Building Act 1989.

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