No nominee

In force

(1)

A corporation commits an offence if the corporation—

(a)

advertises or otherwise offers to provide a service in a construction occupation or occupation class; and

(b)

does not have a nominee who has a licence that authorises the nominee to provide the service.

Maximum penalty: 50 penalty units.

(2)

Each partner in a partnership commits an offence if the partnership—

(a)

advertises or otherwise offers to provide a service in a construction occupation; and

(b)

does not have a nominee who has a licence that authorises the nominee to provide the service.

Maximum penalty: 50 penalty units.

(3)

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

(a)

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

(b)

either—

(i)

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

(ii)

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

(4)

An offence against this section is a strict liability offence.

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