Obligation to ensure that contractor's business is properly managed
26 Obligation to ensure that contractor's business is properly managed
A contractor must not carry on business as such unless any prescribed work carried out in the course of the business is subject to the management and supervision of a nominated manager who – is a practitioner; and is, in the Administrator's opinion, competent – to assess the scope and technical requirements of any prescribed work to be carried out under a contract or proposed contract; and to determine the skills and resources necessary to carry out that work; and to make arrangements for carrying out that work properly and safely; and is named in the contractor's licence, or in a notice under subsection (5), as the nominated manager. In the case of – a body corporate, a fine not exceeding 400 penalty units; or an individual, a fine not exceeding 200 penalty units.
A contractor must not obstruct a nominated manager in the performance of his or her duties. In the case of – a body corporate, a fine not exceeding 400 penalty units; or an individual, a fine not exceeding 200 penalty units.
A nominated manager is to be appointed under this section in respect of each occupation and class appropriate to the prescribed work carried out in the course of the contractor's business.
A nominated manager must perform competently his or her duties under this Act. In the case of – a body corporate, a fine not exceeding 400 penalty units; or an individual, a fine not exceeding 200 penalty units.
If the nominated manager for a contractor's business dies or ceases to manage any prescribed work carried out in the course of that business, no offence is committed against this section if, within 60 days or any longer period allowed by the Administrator, the contractor nominates, by a notice in writing in an approved form given in the manner required by the Administrator, a new manager who is eligible to be the nominated manager for the contractor's business.
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