HOME BUILDING ACT 1989 - SECT 127A
Power to request name and address of persons undertaking residential building work or specialist work
HOME BUILDING ACT 1989 - SECT 127A
Power to request name and address of persons undertaking residential building work or specialist work
127A Power to request name and address of persons undertaking residential
building work or specialist work
(1) An authorised person may request the person who has control over the
carrying out of the doing of any residential building work, or specialist
work, at a building site to state the name and residential address of each
person who has contracted to do the work or any part of such work.
(2) An
authorised person may request the holder of an owner-builder permit to state
the name and residential address of each person who has contracted to do any
residential building work for the holder.
(3) For the purposes of subsection
(1), the holder of an endorsed contractor licence or a supervisor certificate
is to be presumed, in the absence of evidence to the contrary, to have control
over the doing of all work for which the holder is a nominated supervisor.
(4) A person is guilty of an offence if the person--
(a) fails or refuses,
without reasonable excuse, to comply with a request under this section at the
time that the request is made, or
(b) states a name or address the person
knows to be false.
: Maximum penalty--200 penalty units.
(5) A person is not
guilty of an offence under this section unless it is established that the
authorised person--
(a) provided evidence to the person that he or she was an
authorised person, and
(b) warned the person that a failure to comply with
the request may be an offence.
(6) In this section--
"authorised person" means--
(a) a person authorised in writing by the
Secretary for the purposes of this section and holding a certificate issued by
the Secretary as to that authority, or
(c) a person authorised in
writing by the Authority for the purposes of this section and holding a
certificate issued by the Authority as to that authority.
