ACTIn ForceAct
Building Act 2004
51Carrying out building work in contravention of s 42
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51 Carrying out building work in contravention of s 42
(1) A licensed builder commits an offence if—
(a) the builder carries out building work on a parcel of land; and
under section 42.
(2) For subsection (1), building work is taken to be carried out in
compliance with section 42 (1) (d) if the builder had been issued with
an exemption assessment B notice, stating that the building work was
exempt from requiring building approval, not more than 3 months
before the day the building work began.
(3) An offence against subsection (1) is a strict liability offence.
(4) A licensed builder commits an offence if—
(a) the builder carries out building work on a parcel of land; and
(c) the builder either—
(i) knew that the building work was not carried out in
compliance with section 42; or
(ii) was reckless about whether the building work was carried
out in compliance with section 42.
(5) A person commits an offence if—
(a) the person—
(i) carries out building work on a parcel of land; or
(ii) is the owner of the parcel of land on which building work
is carried out; and
(c) the person—
(i) if the person carried out the building work—intended to
carry out the building work in a way that did not comply
with the requirements under section 42.
(ii) if the person is the owner of the parcel of land—intended
to have the building work carried out in a way that did not
comply with section 42.
Maximum penalty: 200 penalty units, imprisonment for 2 years or