QLDIn ForceAct
Queensland Building and Construction Commission Act 1991
sec.42BCarrying out building work without a nominee
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### sec.42B Carrying out building work without a nominee
A licensee that is a company must not carry out, or undertake to carry out, building work unless the licensee has a nominee who holds a contractor’s licence or a nominee supervisor’s licence for the building work carried out, or undertaken to be carried out, under the company’s class of licence.
Maximum penalty—
for a first offence—250 penalty units; or
for a second offence—300 penalty units; or
for a third or later offence, or if the building work carried out is tier 1 defective work—350 penalty units.
However, a licensee does not commit an offence against subsection (1) if the period the licensee has not had a nominee is less than 28 days.
An individual who contravenes subsection (1) and is liable to a maximum penalty of 350 penalty units, commits a crime.
s 42B ins 2007 No. 47 s 15
amd 2017 No. 43 s 261
(sec.42B-ssec.1) A licensee that is a company must not carry out, or undertake to carry out, building work unless the licensee has a nominee who holds a contractor’s licence or a nominee supervisor’s licence for the building work carried out, or undertaken to be carried out, under the company’s class of licence. Maximum penalty— for a first offence—250 penalty units; or for a second offence—300 penalty units; or for a third or later offence, or if the building work carried out is tier 1 defective work—350 penalty units.
(sec.42B-ssec.2) However, a licensee does not commit an offence against subsection (1) if the period the licensee has not had a nominee is less than 28 days.
(sec.42B-ssec.3) An individual who contravenes subsection (1) and is liable to a maximum penalty of 350 penalty units, commits a crime.
- (a) for a first offence—250 penalty units; or
- (b) for a second offence—300 penalty units; or
- (c) for a third or later offence, or if the building work carried out is tier 1 defective work—350 penalty units.