Role of nominees
31 Role of nominees
A nominee of a licensed corporation or partnership has the following functions:
to supervise the construction services of the corporation or partnership for which the nominee is responsible (the relevant construction service);
to ensure that the relevant construction services comply with this Act and the operational Acts.
The nominee commits an offence if the nominee fails to—
adequately supervise the relevant construction services; or
ensure that the relevant construction services comply with this Act and the operational Acts.
Maximum penalty: 50 penalty units.
Subsection (2) does not apply to a failure of a nominee of a corporation or partnership (the nominee’s firm) if—
the nominee had given the nominee’s firm a mandatory requirement in relation to the matter that made up the failure; and
the nominee had given the registrar a copy of the mandatory requirement; and
the failure would not have happened if the mandatory requirement had been complied with.
The licensed corporation or partnership commits an offence if the nominee fails to—
adequately supervise the relevant construction services; or
ensure that the relevant construction services comply with this Act and the operational Acts.
Maximum penalty: 50 penalty units.
An offence against this section is a strict liability offence.
This Act’s bill:Explanatory statementSecond reading speech
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