BUILDING ACT 2004 - SECT 64 Compliance with notices under pt 4

BUILDING ACT 2004 - SECT 64

    (1)     A person commits an offence if the person—

        (a)     is given a notice under this part; and

        (b)     contravenes the notice.

Maximum penalty: 50 penalty units.

    (2)     Each partner commits an offence if the partnership—

        (a)     is given a notice under this part; and

        (b)     contravenes the notice.

Maximum penalty: 50 penalty units.

    (3)     An offence against this section is a strict liability offence.

    (4)     It is a defence to a prosecution for an offence against subsection (1) or (2) if the defendant proves that the defendant—

        (a)     paid a reasonable amount to have the work done by someone else who was licensed to do the work; and

        (b)     believed on reasonable grounds that the other person would do the work.

    (5)     It is a defence to a prosecution for an offence against subsection (2) if the partner proves—

        (a)     that—

              (i)     the partner did not know about the contravention of the notice involved in the offence; and

              (ii)     the partner took reasonable precautions and exercised appropriate diligence to avoid the contravention; or

        (b)     that the partner was not in a position to influence the partnership in relation to the conduct involved in the contravention.