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s 35

Notification of limitation of liability

In force
Part 2Limitation of liability
Division 3Effect of schemes

35 Notification of limitation of liability

(1)

If the occupational liability of a person is limited in accordance with this Part, the person must ensure—

(a)

that all documents (other than business cards) given, or caused to be given, by the person to a client or prospective client that promote or advertise the person or the person's business, including official correspondence ordinarily used by the person in the performance of the person's occupation and similar documents, carry a statement indicating that the person's liability is so limited; and

(b)

that any website maintained by (or on behalf of) the person to promote the person's business carries a statement indicating that the person's liability is so limited. Maximum penalty: Maximum penalty: $20 000.

(2)

The regulations may prescribe a form of statement for the purposes of this section.

(3)

A person does not commit an offence against subsection (1) if the statement carried on the person's documents or website (as the case may be) is in the prescribed form.

(4)

If the occupational liability of a person is limited in accordance with this Part, the person must ensure that a copy of the scheme concerned is given, or caused to be given, to any client or prospective client who requests a copy. Maximum penalty: Maximum penalty: $5 000.

(5)

For the purposes of this section, a client is a person who engages another to carry out certain work (and, if the person is acting on behalf of a third person, then the person will be taken to be the client rather than the third person).

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