Building Act 2004

Each partner commits an offence if—

the partnership is a certifier; and

the certifier issues a building approval or approves amended plans; and

the site work proposed in the approved plans requires development approval; and

Note Approved plans includes amended plans (see dict).

when the building approval is issued or the amended plans are approved, there is no development approval for the site work if carried out in accordance with the plans.

Maximum penalty: 60 penalty units.

Example

See example for s 50B (1).

Each partner commits an offence if—

the partnership is a certifier; and

the certifier issues a building approval or approves amended plans; and

the approved plans are defective because they—

contain information that is false or inaccurate in a material respect; or

omit information required to be shown in the plans; and

if the plans were not defective, the certifier would have contravened subsection (1).

Maximum penalty: 60 penalty units.

It is a defence to a prosecution for an offence against subsection (1) or (2) if a partner proves that the partnership—

took all reasonable steps to find out whether the site work, if carried out in accordance with the approved plans, required development approval; and

was satisfied on reasonable grounds that the development did not require development approval.

For subsection (3) (b), a partnership is taken to be satisfied on reasonable grounds if a partner proves that the partnership relied on an exemption assessment D notice, issued not more than 3 months before the day the application for building approval was made, stating that the development did not require development approval.

Subsection (4) applies whether or not the exemption assessment D notice was incorrect, unless the prosecution establishes that at least 1 of the partners knew, or could reasonably be expected to have known, that the notice was incorrect.

It is a defence to a prosecution for an offence against subsection (1) or (2) if the partner proves—

that—

the partner did not know about the contravention of the subsection involved in the offence; and

the partner took reasonable precautions and exercised appropriate diligence to avoid the contravention; or

that the partner was not in a position to influence the partnership in relation to the conduct involved in the contravention.

It is a defence to a prosecution for an offence against subsection (2) if a partner proves that the partnership—

took all reasonable steps to find out if the approved plans were defective; and

was satisfied on reasonable grounds that the plans were not defective.

To remove any doubt, if a building approval indicates that something is not to have work done in relation to it, or is not part of the building approval, the certifier does not commit an offence under this section in relation to the thing.

An offence against subsection (1) or (2) is a strict liability offence.