New South Wales Consolidated Acts

HOME BUILDING ACT 1989 - SECT 18V

18V Misrepresentations about building consultancy licences

(1) A person must not represent that an individual, a partnership or a corporation is the holder of a building consultancy licence, knowing that the individual, partnership or corporation is not the holder of a building consultancy licence.

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

(2) It makes no difference whether a representation referred to in this section:

(a) is express or implied, or

(b) relates to a non-existent individual, partnership or corporation, or

(c) is made by the individual, a member or employee of the partnership or an officer or employee of the corporation concerned.

(3) For the purposes of this section, a representation concerning a business name used by, or registered under the Business Names Act 2002 to, an individual, a partnership or a corporation is to be taken to be a representation concerning the individual, partnership or corporation.

(4) This section applies not only to representations made to identifiable persons but also to those made by way of advertisement where the persons to whom the representations are made may or may not be identifiable.