29Offences relating to insurance cover

29 Offences relating to insurance cover

(1)  A contractor must not carry out any prescribed work or allow any prescribed work to be carried out under his or her licence unless he or she holds, or is taken to hold, the required insurance under section 28 .

Penalty:  [Section 29 Subsection (1) amended by No. 26 of 2016, s. 21, 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 represent that he or she holds, or is taken to hold, the required insurance cover unless that is the case.

Penalty:  [Section 29 Subsection (2) amended by No. 26 of 2016, s. 21, Applied:01 Jan 2017] In the case of –

(a) a body corporate, a fine not exceeding 150 penalty units; or

(b) an individual, a fine not exceeding 75 penalty units.

(3)  A court that convicts a person of an offence under subsection (1) is to order, in addition to any other penalty imposed in respect of the offence, that the person pay into the Fund an amount equal to the total of any insurance premiums which the court is satisfied the person has avoided by failing to maintain the insurance cover required by subsection (1) .

(3A)  [Section 29 Subsection (3A) inserted by No. 26 of 2016, s. 21, Applied:01 Jan 2017] A building services provider must not carry out any building services work, or allow any building services work to be carried out under his or her licence, unless he or she holds, or is taken to hold, the insurance cover as required under section 27 .

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 500 penalty units; or

(b) an individual, a fine not exceeding 100 penalty units.

(3B)  A building services provider must not represent that he or she holds, or is taken to hold, the insurance cover as required under , unless that is the case.