New South Wales Consolidated Acts

HOME BUILDING ACT 1989 - SECT 17

17 Misrepresentations about contractor licences or certificates

(1) A person must not represent that an individual, a partnership or a corporation:

(a) is the holder of a contractor licence, knowing that the individual, partnership or corporation is not the holder of a contractor licence, or

(b) is the holder of a contractor licence authorising its holder to contract to do residential building work, or specialist work, knowing that the individual, partnership or corporation is not the holder of an appropriate contractor licence, or

(c) is the holder of a contractor licence authorising its holder to contract to supply a kit home, or a kit home of a particular kind, knowing that the individual, partnership or corporation is not the holder of an appropriate contractor licence.

Maximum penalty: 1,000 penalty units in the case of a corporation and 200 penalty units in any other case.

(2) A person must not represent that the person or any other person:

(a) is the holder of a supervisor or tradesperson certificate, knowing that the person or other person is not the holder of a certificate of the kind concerned, or

(b) is the holder of a supervisor or tradesperson certificate authorising its holder to do residential building work, or specialist work, knowing that the person or other person is not the holder of an appropriate certificate.

Maximum penalty: 1,000 penalty units in the case of a corporation and 200 penalty units in any other case.

(3) For the purposes of this section, a contractor licence or certificate is appropriate only if it authorises its holder to contract to do, or authorises its holder to do, the work that is the subject of the representation.