15Offence to contravene building product use ban

15 Offence to contravene building product use ban

15 Offence to contravene building product use ban

(1) A person must not cause a building product to be used in a building in contravention of a building product use ban.

Maximum penalty—

(a) in the case of a corporation—10,000 penalty units and, in the case of a continuing offence, a further penalty of 1,000 penalty units for each day the offence continues, or

(b) in any other case—2,000 penalty units or imprisonment for 2 years, or both, and, in the case of a continuing offence, a further penalty of 400 penalty units for each day the offence continues.

(2) For the purposes of subsection (1), a person causes a building product to be used in a building—

(a) if the person does the building work by which the building product is used in the building, or

(b) in any other circumstances prescribed by the regulations.

(3) A person must not, in trade or commerce, represent that a building product is suitable for a use in a building if that use would contravene a building product use ban.

Maximum penalty—

(a) in the case of a corporation—10,000 penalty units and, in the case of a continuing offence, a further penalty of 1,000 penalty units for each day the offence continues, or

(b) in any other case—2,000 penalty units or imprisonment for 2 years, or both, and, in the case of a continuing offence, a further penalty of 400 penalty units for each day the offence continues.

(4) In proceedings in which a person is charged with an offence under this section, it is a defence to the prosecution of the offence if the person charged proves that the person had a reasonable excuse for the act or omission concerned.

(5) An offence against subsection (1) or (3) is an executive liability offence.