sec.42CUnlawful carrying out of fire protection work

### sec.42C Unlawful carrying out of fire protection work An individual must not personally carry out, or personally supervise, fire protection work unless the individual— holds a fire protection occupational licence; or holds a licence, registration or authorisation under this or another Act that allows the person to personally carry out or personally supervise the work. 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 fire protection work carried out is tier 1 defective work—350 penalty units or 1 year’s imprisonment. Subsection (1) does not apply to an individual who personally carries out fire protection work if— the fire protection work is a type prescribed under a regulation; and the individual has the technical qualifications prescribed under a regulation for the type of fire protection work; and the individual carries out the fire protection work for a licensed contractor who holds a licence of the relevant class for the work. Also, subsection (1) does not apply to— an apprentice who personally carries out fire protection work in a calling that requires the apprentice to carry out the work; or a trainee who personally carries out fire protection work in a calling that requires the trainee to carry out the work; or a student who personally carries out fire protection work as part of training under the supervision of teaching staff at— a university; or a college, school or similar institution conducted, approved or accredited by the State or the Commonwealth; or a student who, for work experience, personally carries out fire protection work as part of a pre-vocational course. Further, subsection (1) does not apply to a person who, immediately before the establishment of a new class of licence, registration or authorisation mentioned in subsection (1) , was carrying out work within the scope of work for the new class of licence, registration or authorisation in a circumstance prescribed by regulation. An individual who contravenes subsection (1) and is liable to a maximum penalty of 350 penalty units or 1 year’s imprisonment, commits a crime. s 42C ins 2007 No. 47 s 15 amd 2014 No. 57 s 12 ; 2017 No. 43 s 262 ; 2020 No. 24 s 115E (sec.42C-ssec.1) An individual must not personally carry out, or personally supervise, fire protection work unless the individual— holds a fire protection occupational licence; or holds a licence, registration or authorisation under this or another Act that allows the person to personally carry out or personally supervise the work. 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 fire protection work carried out is tier 1 defective work—350 penalty units or 1 year’s imprisonment. (sec.42C-ssec.2) Subsection (1) does not apply to an individual who personally carries out fire protection work if— the fire protection work is a type prescribed under a regulation; and the individual has the technical qualifications prescribed under a regulation for the type of fire protection work; and the individual carries out the fire protection work for a licensed contractor who holds a licence of the relevant class for the work. (sec.42C-ssec.3) Also, subsection (1) does not apply to— an apprentice who personally carries out fire protection work in a calling that requires the apprentice to carry out the work; or a trainee who personally carries out fire protection work in a calling that requires the trainee to carry out the work; or a student who personally carries out fire protection work as part of training under the supervision of teaching staff at— a university; or a college, school or similar institution conducted, approved or accredited by the State or the Commonwealth; or a student who, for work experience, personally carries out fire protection work as part of a pre-vocational course. (sec.42C-ssec.3A) Further, subsection (1) does not apply to a person who, immediately before the establishment of a new class of licence, registration or authorisation mentioned in subsection (1) , was carrying out work within the scope of work for the new class of licence, registration or authorisation in a circumstance prescribed by regulation. (sec.42C-ssec.4) An individual who contravenes subsection (1) and is liable to a maximum penalty of 350 penalty units or 1 year’s imprisonment, commits a crime. - (a) holds a fire protection occupational licence; or - (b) holds a licence, registration or authorisation under this or another Act that allows the person to personally carry out or personally supervise the work. - (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 fire protection work carried out is tier 1 defective work—350 penalty units or 1 year’s imprisonment. - (a) the fire protection work is a type prescribed under a regulation; and - (b) the individual has the technical qualifications prescribed under a regulation for the type of fire protection work; and - (c) the individual carries out the fire protection work for a licensed contractor who holds a licence of the relevant class for the work. - (a) an apprentice who personally carries out fire protection work in a calling that requires the apprentice to carry out the work; or - (b) a trainee who personally carries out fire protection work in a calling that requires the trainee to carry out the work; or - (c) a student who personally carries out fire protection work as part of training under the supervision of teaching staff at— (i) a university; or (ii) a college, school or similar institution conducted, approved or accredited by the State or the Commonwealth; or - (i) a university; or - (ii) a college, school or similar institution conducted, approved or accredited by the State or the Commonwealth; or - (d) a student who, for work experience, personally carries out fire protection work as part of a pre-vocational course. - (i) a university; or - (ii) a college, school or similar institution conducted, approved or accredited by the State or the Commonwealth; or