BUILDING ACT 2004 - SECT 51 Carrying out building work in contravention of s 42

BUILDING ACT 2004 - SECT 51

    (1)     A licensed builder commits an offence if—

        (a)     the builder carries out building work on a parcel of land; and

        (b)     the carrying out of the building work fails to comply with 1 or more of the requirements for carrying out the building work under section 42.

Maximum penalty: 50 penalty units.

    (2)     For subsection (1), building work is taken to be carried out in compliance with section 42 (1) (d) if the builder had been issued with an exemption assessment B notice, stating that the building work was exempt from requiring building approval, not more than 3 months before the day the building work began.

    (3)     An offence against subsection (1) is a strict liability offence.

    (4)     A licensed builder commits an offence if—

        (a)     the builder carries out building work on a parcel of land; and

        (b)     the carrying out of the building work fails to comply with 1 or more of the requirements for carrying out the building work under section 42; and

        (c)     the builder either—

              (i)     knew that the building work was not carried out in compliance with section 42; or

              (ii)     was reckless about whether the building work was carried out in compliance with section 42.

Maximum penalty: 300 penalty units, imprisonment for 3 years or both.

    (5)     A person commits an offence if—

        (a)     the person—

              (i)     carries out building work on a parcel of land; or

              (ii)     is the owner of the parcel of land on which building work is carried out; and

        (b)     the carrying out of the building work fails to comply with 1 or more of the requirements for carrying out the building work under section 42; and

        (c)     the person—

              (i)     if the person carried out the building work—intended to carry out the building work in a way that did not comply with the requirements under section 42.

              (ii)     if the person is the owner of the parcel of land—intended to have the building work carried out in a way that did not comply with section 42.

Maximum penalty: 200 penalty units, imprisonment for 2 years or both.