26Obligation to ensure that contractor's business is properly managed

26 Obligation to ensure that contractor's business is properly managed

(1)  A contractor must not carry on business as such unless any prescribed work carried out in the course of the business is subject to the management and supervision of a nominated manager who –

(a) is a practitioner; and

(b) is, in the Administrator's opinion, competent –

(i) to assess the scope and technical requirements of any prescribed work to be carried out under a contract or proposed contract; and

(ii) to determine the skills and resources necessary to carry out that work; and

(iii) to make arrangements for carrying out that work properly and safely; and

(c) is named in the contractor's licence, or in a notice under subsection (5) , as the nominated manager.

Penalty:  [Section 26 Subsection (1) amended by No. 26 of 2016, s. 20, Applied:01 Jan 2017] 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)  A contractor must not obstruct a nominated manager in the performance of his or her duties.

Penalty:  [Section 26 Subsection (2) amended by No. 26 of 2016, s. 20, Applied:01 Jan 2017] 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.

(3)  A nominated manager is to be appointed under this section in respect of each occupation and class appropriate to the prescribed work carried out in the course of the contractor's business.

(4)  A nominated manager must perform competently his or her duties under this Act.

Penalty:  [Section 26 Subsection (4) amended by No. 26 of 2016, s. 20, Applied:01 Jan 2017] In the case of –