Allowing unlicensed people to provide construction service
85 Allowing unlicensed people to provide construction service
A person commits an offence if—
the person engages someone else (the worker), or allows an employee (also the worker), to provide a construction service for the person; and
the worker is not licensed to provide the service; and
the person is reckless about whether the worker is licensed to provide the service.
Maximum penalty: 50 penalty units.
Each member of a partnership commits an offence if—
a partner engages someone else (the worker), or allows an employee of the partnership (also the worker), to provide a construction service for the partnership; and
the worker is not licensed to provide the service; and
the partner is reckless about whether the worker is licensed to provide the service.
Maximum penalty: 50 penalty units.
This section does not apply to an entity that provides a service if—
the service is provided under the supervision of a licensee; and
the licensee is not required by a condition or endorsement on the licence to provide the service as an employee or under supervision; and
a regulation allows the service to be provided by an individual without a licence if provided under the supervision of a licensee.
The defendant has an evidential burden in relation to the matters mentioned in s (3) and s (4) (see Criminal Code, s 58).
Also, this section does not apply to a regulated utility if—
the regulated utility engages someone else, or allows an employee of the regulated utility, to provide an electrical wiring service for the regulated utility; and
the regulated utility is an exempt regulated utility.
It is a defence to a prosecution for an offence against subsection (2) if the partner proves that—
the partner did not know about the contravention of the subsection involved in the offence; and
either—
the partner took reasonable precautions and exercised appropriate diligence to avoid the contravention; or
the partner was not in a position to influence the partnership in relation to the conduct involved in the contravention.
The defendant has a legal burden in relation to the matters mentioned in s (5) (see Criminal Code, s 59).
In this section:
exempt regulated utility—see section 84 (7).
regulated utility—see section 84 (7).
This provision refers to the regulations (a regulation
). Made under this Act:
This Act’s bill:Explanatory statementSecond reading speech
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