38Offences

38 Offences

(1)  [Section 38 Subsection (1) amended by No. 26 of 2016, s. 32, Applied:01 Jan 2017] A person must not hold himself, herself or any other person out as a practitioner, building services provider or a contractor, or as a nominated manager or authorised officer, when that is not the case.

Penalty:  [Section 38 Subsection (1) amended by No. 26 of 2016, s. 32, 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.

(2)  A person must not represent that he or she or any other person is prepared to enter into a contract to carry out any prescribed work unless the intended contractor holds a contractor's licence of the relevant occupation and class.

Penalty:  [Section 38 Subsection (2) amended by No. 26 of 2016, s. 32, 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)  An applicant for a licence must not represent that he or she holds a qualification, certificate, accreditation, registration or licence when that is not the case.

Penalty:  [Section 38 Subsection (3) amended by No. 26 of 2016, s. 32, 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.

(3A)  [Section 38 Subsection (3A) inserted by No. 29 of 2022, s. 54, Applied:14 Dec 2022] A person must not represent that the person is a contractor, holds a building services licence, or holds a practitioner's licence by virtue of the person holding deemed registration, if that is not the case.