Occupational Licensing Act 2005

A person must not hold himself, herself or any other person out as a practitioner, building services provider or a contractor, or as a nominated manager or authorised officer, when that is not the case. In the case of – a body corporate, a fine not exceeding 150 penalty units; or an individual, a fine not exceeding 75 penalty units.

A person must not represent that he or she or any other person is prepared to enter into a contract to carry out any prescribed work unless the intended contractor holds a contractor's licence of the relevant occupation and class. In the case of – a body corporate, a fine not exceeding 400 penalty units; or an individual, a fine not exceeding 200 penalty units.

An applicant for a licence must not represent that he or she holds a qualification, certificate, accreditation, registration or licence when that is not the case. In the case of – a body corporate, a fine not exceeding 150 penalty units; or an individual, a fine not exceeding 75 penalty units.

A person must not represent that the person is a contractor, holds a building services licence, or holds a practitioner's licence by virtue of the person holding deemed registration, if that is not the case. In the case of – a body corporate, a fine not exceeding 150 penalty units; or an individual, a fine not exceeding 75 penalty units.

A person who is a contractor, who holds a building services licence or who holds a practitioner's licence by virtue of the person holding deemed registration must not carry out any work in this State that is not within the scope of the work that the person is authorised to carry out in the relevant participating jurisdiction. In the case of – a body corporate, a fine not exceeding 150 penalty units; or an individual, a fine not exceeding 75 penalty units.

If a person is a contractor, holds a building services licence or holds a practitioner's licence by virtue of the person holding deemed registration, the person must comply with the requirements of the participating jurisdiction that are applicable to the contractor, or the holder of the building services licence or practitioner's licence, respectively. In the case of – a body corporate, a fine not exceeding 150 penalty units; or an individual, a fine not exceeding 75 penalty units.

If a person is found guilty of an offence against subsection (3B), or fails to comply with subsection (3C), the Administrator may – suspend or cancel the person's entitlement to be a contractor, hold a building services licence or hold a practitioner's licence by virtue of holding deemed registration; and disqualify the person from being a contractor, holding a building services licence or holding a practitioner's licence by virtue of the person holding deemed registration for a specified period or until the person fulfils a specified condition.

A person must not materially alter or deface a licence. In the case of – a body corporate, a fine not exceeding 150 penalty units; or an individual, a fine not exceeding 75 penalty units.

A person must not impersonate an authorised officer. In the case of – a body corporate, a fine not exceeding 150 penalty units; or an individual, a fine not exceeding 75 penalty units.

In providing any information, statement, report or document under this Act, a person must not – provide it knowing it to be false or misleading; or omit any matter knowing that without that matter the information, statement, report or document is false or misleading. In the case of – a body corporate, a fine not exceeding 200 penalty units; or an individual, a fine not exceeding 125 penalty units.

A person must not use a building services licence granted to another person for the purposes of – entering into a contract for building services work; or managing or carrying out building services work; or making an application under the Building Act 2016; or providing notification or other information under the Building Act 2016; or obtaining authorisation under the Building Act 2016 to start work. In the case of – a body corporate, a fine not exceeding 400 penalty units; or an individual, a fine not exceeding 200 penalty units.

The holder of a building services licence must not permit the use of that licence by any other person for the purposes of the other person – entering into a contract for building services work; or managing or carrying out building services work; or making an application under the Building Act 2016; or providing notification or other information under the Building Act 2016; or obtaining authorisation under the Building Act 2016 to start work. In the case of – a body corporate, a fine not exceeding 400 penalty units; or an individual, a fine not exceeding 200 penalty units.

Subsections (7) and (8) do not prohibit the use of a building services licence by a person as part of the ordinary business activities of the holder of that building services licence.