sec.43BConstruction manager must ensure building work is personally supervised

### sec.43B Construction manager must ensure building work is personally supervised This section applies if a construction manager provides building work services for a principal under a construction management contract for the carrying out of building work. For a construction manager that is a company, the company and the company’s nominee must each ensure that building work carried out by licensed contractors under construction management trade contracts for the principal is personally supervised by— the company’s nominee; or an officer or employee of the company who holds one of the following licences of the relevant class authorising supervision of the building work— a nominee supervisor’s licence; a site supervisor’s licence; a fire protection occupational licence; an occupational licence; or an individual who holds a contractor’s licence of the relevant class. Maximum penalty— for an individual—200 penalty units; or for a company—1,000 penalty units. For a construction manager that is an individual, the construction manager must ensure that building work carried out by licensed contractors under construction management trade contracts for the principal is personally supervised by— the construction manager; or an employee of the construction manager who holds one of the following licences of the relevant class authorising supervision of the building work— a nominee supervisor’s licence; a site supervisor’s licence; a fire protection occupational licence; an occupational licence; or an individual who holds a contractor’s licence of the relevant class. Maximum penalty—200 penalty units. s 43B ins 2007 No. 47 s 16 (sec.43B-ssec.1) This section applies if a construction manager provides building work services for a principal under a construction management contract for the carrying out of building work. (sec.43B-ssec.2) For a construction manager that is a company, the company and the company’s nominee must each ensure that building work carried out by licensed contractors under construction management trade contracts for the principal is personally supervised by— the company’s nominee; or an officer or employee of the company who holds one of the following licences of the relevant class authorising supervision of the building work— a nominee supervisor’s licence; a site supervisor’s licence; a fire protection occupational licence; an occupational licence; or an individual who holds a contractor’s licence of the relevant class. Maximum penalty— for an individual—200 penalty units; or for a company—1,000 penalty units. (sec.43B-ssec.3) For a construction manager that is an individual, the construction manager must ensure that building work carried out by licensed contractors under construction management trade contracts for the principal is personally supervised by— the construction manager; or an employee of the construction manager who holds one of the following licences of the relevant class authorising supervision of the building work— a nominee supervisor’s licence; a site supervisor’s licence; a fire protection occupational licence; an occupational licence; or an individual who holds a contractor’s licence of the relevant class. Maximum penalty—200 penalty units. - (a) the company’s nominee; or - (b) an officer or employee of the company who holds one of the following licences of the relevant class authorising supervision of the building work— (i) a nominee supervisor’s licence; (ii) a site supervisor’s licence; (iii) a fire protection occupational licence; (iv) an occupational licence; or - (i) a nominee supervisor’s licence; - (ii) a site supervisor’s licence; - (iii) a fire protection occupational licence; - (iv) an occupational licence; or - (c) an individual who holds a contractor’s licence of the relevant class. - (i) a nominee supervisor’s licence; - (ii) a site supervisor’s licence; - (iii) a fire protection occupational licence; - (iv) an occupational licence; or - (a) for an individual—200 penalty units; or - (b) for a company—1,000 penalty units. - (a) the construction manager; or - (b) an employee of the construction manager who holds one of the following licences of the relevant class authorising supervision of the building work— (i) a nominee supervisor’s licence; (ii) a site supervisor’s licence; (iii) a fire protection occupational licence; (iv) an occupational licence; or - (i) a nominee supervisor’s licence; - (ii) a site supervisor’s licence; - (iii) a fire protection occupational licence; - (iv) an occupational licence; or - (c) an individual who holds a contractor’s licence of the relevant class. - (i) a nominee supervisor’s licence; - (ii) a site supervisor’s licence; - (iii) a fire protection occupational licence; - (iv) an occupational licence; or