22AObligation to hold building services licence

22A Obligation to hold building services licence

[Section 22A Inserted by No. 26 of 2016, s. 16, Applied:01 Jan 2017]

(1)  [Section 22A Subsection (1) substituted by No. 29 of 2022, s. 43, Applied:14 Dec 2022] A person must not manage, carry out, or enter into a contract to manage or carry out, any building services work unless the person holds –

(a) a building services licence of the occupation and class relevant to the building services work; or

(b) a building services licence of the relevant occupation and class by virtue of holding deemed registration.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 400 penalty units; or

(b) an individual, a fine not exceeding 200 penalty units.

(2)  Subsection (1) does not apply to –

(a) a person managing and carrying out building services work if –

(i) the person is an owner builder; and

(ii) the building services work is carried out under the authority of the owner builder permit held by the person; and

(iii) each owner, that has attained the age of 18 years, of the premises where the building services work is, or is to be, carried out is an owner builder in relation to the premises; or

(b) [Section 22A Subsection (2) amended by No. 39 of 2018, s. 63, Applied:17 Dec 2018] a person managing or carrying out building services work, or entering into a contract to manage or carry out building services work, if the person is employed or engaged to manage or carry out that work by –

(i) a building services provider who holds a building services licence of the occupation and class relevant to the building services work; or

(ii) a licensed entity that holds a building services licence of the occupation and class relevant to the building services work; or