109M   Occupation and use of new building requires occupation certificate

(1)  A person must not commence occupation or use of the whole or any part of a new building (within the meaning of section 109H) unless an occupation certificate has been issued in relation to the building or part.

Maximum penalty:

(a)  in the case of a class 1a or class 10 building, as referred to in the Building Code of Australia—5 penalty units, or

(b)  in the case of any other building—1,000 penalty units.

(2)  This section does not apply to:

(a)  the occupation or use of a new building for any purpose if the erection of the building is or forms part of exempt development or development that does not otherwise require development consent, or

(b)  the occupation or use of a new building at any time after the expiration of 12 months after the date on which the building was first occupied or used, or

(c)  the occupation or use of a new building by such persons or in such circumstances as may be prescribed by the regulations, or

(d)  the occupation or use of a new building that has been erected by or on behalf of the Crown or by or on behalf of a prescribed person.