HOME BUILDING ACT 1989 - SECT 54
Improper conduct: members of partnerships or officers of corporations
HOME BUILDING ACT 1989 - SECT 54
Improper conduct: members of partnerships or officers of corporations
54 Improper conduct: members of partnerships or officers of corporations
(1) An individual who is a member of a partnership or an officer of a
corporation that is the holder of a contractor licence is guilty of improper
conduct if the holder does any of the things referred to in section 51 or 52.
(2) The reference in subsection (1) to an individual who is a member of a
partnership includes a reference to an individual who is an officer of a
corporation that is a member of a partnership.
(3) It is a sufficient defence
to a complaint that an individual who is a member of a partnership, an officer
of a corporation that is a member of a partnership or a director of a
corporation (being a partnership or corporation that is the holder of a
contractor licence) has been guilty of improper conduct if the individual
proves to the satisfaction of the Secretary that--
(a) the improper conduct
occurred without the individual's knowledge, or
(b) the individual was not in
a position to influence the conduct of the other members of the partnership or
other officers of the corporation, of which the individual was a member or an
officer, so as to prevent the occurrence of the improper conduct, or
(c) the
individual, being in such a position, used all due diligence to prevent the
occurrence of the improper conduct.
