83Advertising without details

83 Advertising without details (a) advertises that the person provides, or will provide, a service in a construction occupation or occupation class; and (b) does not include the following in the advertisement: (i) the person’s name as recorded on the person’s licence; (ii) the person’s licence number; (iii) if the person is a corporation—the person’s ACN (if any). Examples of advertising required to include details 1 providing a prospective client with a letter, business card, sample contract, brochure and items such as caps, shirts and mugs, each with the construction service company name printed on it 2 vehicle signage or clothing such as a T-shirt, with a construction occupation or class stated on it eg ‘Jo Jones licensed plumber’ 3 a radio advertisement describing the features of a display home open for inspection and including a musical jingle mentioning ‘ACME Homes’, advertising to the public that ACME Homes provides construction services 4 a sign erected outside a building construction site states only ‘ACME Constructions’, advertising to the public that ACME Constructions provides construction services at the site 5 an entry in a published directory that lists an entity by name, address, telephone number, construction occupation or class, for example ‘ACME Plumbing, plumbers and drainers’ Examples that are not advertising or are not required to include details 1 a builder talking to a prospective client about the services the builder can provide to the particular client 2 ACME Homes advertises in the newspaper stating that a particular display home is for sale, but the advertising, states that ACME Homes is the owner, builder and seller of the house, not that it offers building services generally 3 a sign erected outside a building construction site states only ‘ACME’, which does not advertise that ACME is providing construction services at the site 4 an entry in a published directory that lists an entity alphabetically by name and includes the entity’s address and telephone number, even if the name of the entity implies that the entity can provide the service, for example, ‘ACME Plumbing, 1 Smith St, City, 55577777’ 5 ACME Home Services advertises offering to arrange the provision of electrical services, but the advertisement includes the following statements: ‘ACME Homes Services does not provide electrical wiring services, independent contractors provide those services’ (a) advertises that the partnership provides, or will provide, a service in a construction occupation or occupation class; and (b) does not include the following in the advertisement: (i) the partnership’s name as recorded on the partnership’s licence; (ii) the partnership’s licence number. Example of advertising required to include details The examples in subsection (1) apply to this subsection. Examples that are not advertising or are not required to include details The examples in subsection (1) apply to this subsection. (3) It is a defence to a prosecution for an offence against subsection (2), (4) An offence against this section is a strict liability offence.