Offences relating specifically to building work
216 Offences relating specifically to building work
A person must not perform building work, or cause it to be performed, except in accordance with technical details, particulars, plans, drawings and specifications approved in accordance with this Act.
Maximum penalty: $60 000.
Default penalty: $200.
A person must, in performing any building work, comply with the
Building Rules (unless modified under this Act), and any other requirements imposed by or under this Act in respect of that work.
Maximum penalty: $60 000.
Default penalty: $200.
If—
any item or materials incorporated into any building through the performance of any building work do not comply with the Building
Rules (as modified under this Act and subject to any variation that may be lawfully allowed); and
the failure to comply is attributable (wholly or in part) to an act or omission of a person who designed, manufactured, supplied or installed the item or materials, being an act or omission occurring where it was reasonably foreseeable that the item or materials would be required to comply with the Building Rules and where it was reasonable, in the circumstances, to rely on the advice, skills or expertise of that person, then that person will be guilty of an offence.
Maximum penalty: $60 000.
The fact that a person may have (or has) committed an offence against subsection (3) does not affect the requirements imposed on a person by subsections (1) and (2).
In so far as any charge for an offence against a preceding subsection relates to a failure to comply with the Building Rules (including the Building Rules as modified under this Act), it is a defence to prove that the failure to comply was only of a minor nature and had no adverse effect on the structural soundness or safety of the building in respect of which the relevant building work was performed.
In this section—
item includes any component, fitting, connection, mounting or accessory.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.