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.