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Construction Occupations (Licensing) Act 2004
31Role of nominees
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31 Role of nominees
(1) A nominee of a licensed corporation or partnership has the following
functions:
(a) to supervise the construction services of the corporation or
partnership for which the nominee is responsible (the relevant
construction service);
(b) to ensure that the relevant construction services comply with this
(2) The nominee commits an offence if the nominee fails to—
(a) adequately supervise the relevant construction services; or
(b) ensure that the relevant construction services comply with this
(3) Subsection (2) does not apply to a failure of a nominee of a
corporation or partnership (the nominee’s firm) if—
(a) the nominee had given the nominee’s firm a mandatory
requirement in relation to the matter that made up the failure;
and
(b) the nominee had given the registrar a copy of the mandatory
requirement; and
(c) the failure would not have happened if the mandatory
requirement had been complied with.
(4) The licensed corporation or partnership commits an offence if the
nominee fails to—
(a) adequately supervise the relevant construction services; or
(b) ensure that the relevant construction services comply with this
(5) An offence against this section is a strict liability offence.