FRIDAY, MARCH 23, 1979
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STIFF NEW PENALTIES FOR BUILDING OFFENDERS PROPOSED
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AN AMENDMENT BILL PROPOSING STIFF NEW PENALTIES FOR CONTRAVENTIONS OF THE BUILDINGS ORDINANCE WILL BE TABLED AT THE LEGISLATIVE COUNCIL ON APRIL 11, 1979.
THE BUILDINGS (AMENDMENT) BILL 1979 WILL EFFECTIVELY INCREASE PENALTIES UNDER CERTAIN SECTIONS OF THE ORDINANCE FROM A FINE OF $50,000 AND TWO YEARS' IMPRISONMENT TO $250,000 AND THREE YEARS.
OFFENCES COVERED BY THE REGULATIONS INCLUDE USING OR AUTHOR ISING THE USE OF DEFECTIVE MATERIALS, DEVIATING FROM THE APPROVED PLAN, CARRYING ON OR AUTHORISING ANY BUILDING WORKS IN SUCH A MANNER THAT IT CAUSES OR IS LIKELY TO CAUSE INJURY OR DAMAGE AND FAILING TO COMPLY WITH AN ORDER TO CEASE OR REMEDY DANGEROUS WORK.
A GOVERNMENT SPOKESMAN SAID TODAY (FRIDAY) THE BUILDINGS ORDINANCE WAS ENACTED IN 1955 AND SINCE THEN HAD BEEN AMENDED ON A PIECE-MEAL BASIS ON MORE THAN 20 OCCASIONS.
AN EXERCISE WAS NOW IN HAND TO OVERHAUL AND UP-DATE THE ORDINANCE TO REFLECT PRESENT REQUIREMENTS. HOWEVER, GIVEN THE NATURE AND SCOPE OF THE EXERCISE, IT WOULD TAKE SOME TIME TO COMPLETE.
THE BASIC GROUNDWORK, INCLUDING CONSULTATIONS WITH THE PROFESSIONAL BODIES CONCERNED WITH THE BUILDING INDUSTRY, HAD ALREADY BEEN UNDERTAKEN AND IT WAS ENVISAGED THAT PROPOSALS COULD BE PUT TO THE LEGISLATIVE COUNCIL LATER THIS YEAR, HE SAID.
ONE ASPECT OF THE ORDINANCE THAT HAD BEEN UNDER REVIEW WAS THE NEED TO INTRODUCE DETERRENT PENALTIES. APART FROM AN AMENDMENT IN 1972, WHICH INCREASED THE LEVEL OF PENALTIES FOR A FEW OFFENCES, THE PENALTIES FOR THE REMAINING OFFENCES WERE FIXED IN 1955 WHEN THE ORDINANCE WAS ENACTED AND REMAINED AT A FINE OF $2,000 AND SIX MONTHS' IMPRISONMENT.
THIS WAS GROSSLY INADEQUATE TO COPE WITH A SITUATION WHERE SUBSTANTIAL BUILDING WORKS HAD BEEN DELIBERATELY CARRIED OUT IN DEFIANCE OF THE LAW AND WHICH COULD RESULT IN UNDERMINING SAFETY TO BOTH LIFE AND PROPERTY, THE SPOKESMAN ADDED.
IN RECENT CASES BROUGHT BEFORE THE COURTS, THE PRESENT LEVEL OF PENALTIES HAD BEEN SUBJECT TO COMMENTARY AND CRITICISM FROM THE JUDICIARY WHICH HAD SUGGESTED THAT FINES AND CUSTODIAL SENTENCES NEEDED TO BE INCREASED SUBSTANTIALLY TO REFLECT THE SERIOUSNESS OF THE OFFENCES.
THEREFORE, THE GOVERNMENT CONSIDERED THAT AN AMENDING BILL SHOULD BE INTRODUCED TO INCREASE PENALTIES WITHOUT WAITING FOR THE COMPLETION OF THE OVERALL REVIEW OF THE BUILDINGS ORDINANCE.
THE SPOKESMAN SAID, HOWEVER, THAT THE NEW PENALTIES WOULD NOT BE RETROSPECTIVE.
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