Prescribed offences and modified penalties
Schedule 5 Prescribed offences and modified penalties
[r. 36A]
[Heading inserted: Gazette 26 Apr 2019 p. 1216.]
Division 1 — Preliminary
[Heading inserted: Gazette 26 Apr 2019 p. 1216.]
1. Terms used
In this Schedule —
building contractor has the meaning given in regulation 13;
building engineering contractor has the meaning given in regulation 28J;
building engineering practitioner has the meaning given in regulation 28J;
building surveying contractor has the meaning given in regulation 28A;
building surveying practitioner means —
a building surveying practitioner level 1; or
a building surveying practitioner level 2;
building surveying work has the meaning given in regulation 28A;
painting contractor has the meaning given in regulation 28.
[Division 1 inserted: Gazette 26 Apr 2019 p. 1216; amended: SL 2023/64 r. 16.]
Division 2 — Offences under the Act
[Heading inserted: Gazette 26 Apr 2019 p. 1217.]
Offence under the Act | Modified penalty | |
|---|---|---|
s. 4(1) | Using a title when not registered in a class of building service practitioner or building service contractor entitled to use that title | For a person who uses the title that a building practitioner, building surveying practitioner, building engineering practitioner, building contractor, building surveying contractor or building engineering contractor is entitled to use — $2 500 For a person who uses the title that a painting practitioner or painting contractor is entitled to use — $1 250 |
s. 5(1) | Falsely claiming to be registered in a class of building service practitioner | For a person who claims to be registered as a building practitioner, building engineering practitioner or building surveying practitioner — $2 500 For a person who claims to be registered as a painting practitioner — $1 250 |
s. 5(2) | Falsely claiming to be registered in a class of building service contractor | For a person who claims to be registered as a building contractor, building engineering contractor or building surveying contractor — $2 500 For a person who claims to be registered as a painting contractor — $1 250 |
s. 6(1) | Falsely claiming an entitlement to carry out a prescribed building service | For a person who claims an entitlement to carry out builder work, building engineering work or building surveying work — $2 500 For a person who claims an entitlement to carry out painter work — $1 250 |
s. 7(1) | Carrying out, or undertaking to carry out, a prescribed building service when not registered | For a person who carries out, or undertakes to carry out, builder work, building engineering work or building surveying work — $2 500 For a person who carries out, or undertakes to carry out, painter work — $1 250 |
s. 7(5) | Subcontracting a prescribed building service to a person who is not entitled to carry out the building service | For a building contractor, building engineering contractor or building surveying contractor — $2 500 For a painting contractor — $1 250 |
s. 8 | Failure to cause building service contractor’s registration number to appear in an advertisement published by the contractor | $250 |
s. 22(2) | Carrying out, or undertaking to carry out, relevant building service without nominated supervisor | For a building contractor, building engineering contractor or building surveying contractor — $2 500 For a painting contractor — $750 |
s. 22(3) | Failure to notify the Board of ceasing to have a nominated supervisor | For a building contractor, building engineering contractor or building surveying contractor — $500 For a painting contractor — $250 |
s. 25 | Contravening a condition to which building service provider’s registration is subject | $2 500 |
s. 32(1) | Failure to notify the Board of change of address | $250 |
s. 32A(2) | Failure to notify the Board of new director | $1 000 |
s. 33(1) | Failure to notify the Board of change in circumstances affecting eligibility to remain registered | $1 000 |
s. 34(1) | Failure to notify the Board of financial difficulty | $1 000 |
s. 34(3) | Failure to notify the Board of insolvency | $1 000 |
s. 35(1) | Failure to notify the Board of being charged with a serious offence | $500 |
s. 35(2) | Failure to notify the Board of being convicted of a serious offence | $500 |
s. 35(3) | Failure to notify the Board of conviction of an offence against the Commonwealth or another jurisdiction | $500 |
s. 36(1) | Failure to notify the Board of disciplinary action | $500 |
s. 37(1) | Failure to return registration certificate | $500 |
s. 49 | Contravening a condition that applies to an owner‑builder approval | $2 500 |
[Division 2 inserted: Gazette 26 Apr 2019 p. 1217‑19; amended: SL 2022/101 r. 6; SL 2023/64 r. 17.]
Division 3 — Offences under these regulations
[Heading inserted: Gazette 26 Apr 2019 p. 1219.]
Offence under these regulations | Modified penalty | |
|---|---|---|
r. 21 | Failure to display sign — building contractor | $200 |
r. 27(2) | Failure to display sign — owner‑builder | $200 |
r. 36 | Failure to display sign — painting contractor | $100 |
[Division 3 inserted: Gazette 26 Apr 2019 p. 1219; amended: SL 2023/64 r. 18.]
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