38Person for whom construction work carried out

38 Person for whom construction work carried out (1) The Board may decide who is to be treated as a person for whom construction work is to be carried out, having regard to all of the following: (a) whether or not the person provides the funding for the work; (b) whether or not the person has the ownership or control of, or any interest in, the work or the site of the work; (c) whether or not the person derives any direct or indirect benefit from the work; (d) any other circumstances that the Board considers relevant. (2) For subsection (1), the Board may, by written notice, require a person to provide the Board with any specified information, document or thing in order to identify a person for whom construction work is to be carried out. (3) The person to whom the notice is given must not, without reasonable excuse: (b) provide the Board with any information in relation to that requirement that the person knows to be false or misleading; or

Construction Industry Long Service Leave and Benefits Act 2005 30 (c) unless subsection (4) applies, give a document or thing to the Board knowing that it contains false or misleading information. (4) This subsection applies if the person, when giving the document or thing: (a) tells the Board, to the best of the person's ability, how the document or thing contains false or misleading information; and (b) if the person has, or can reasonably obtain, the correct information – gives the correct information to the Board.