BUILDING WORK CONTRACTORS ACT 1995 - SECT 6

BUILDING WORK CONTRACTORS ACT 1995 - SECT 6

6—Obligation of building work contractors to be licensed

        (1)         A person must not—

            (a)         carry on business as a building work contractor except as authorised by a licence under this Part; or

            (b)         advertise or otherwise hold himself or herself out as being entitled to carry on business as a building work contractor unless authorised to carry on business as such a contractor by a licence under this Part.

Maximum penalty:

            (a)         for an offence committed by a natural person—

                  (i)         for a first or second offence—$50 000; or

                  (ii)         for a third or subsequent offence—$50 000 or 12 months imprisonment or both; or

            (b)         for an offence committed by a body corporate—$250 000.

        (2)         A person required by this Act to be licensed as a building work contractor is not entitled to any fee, other consideration or compensation under or in relation to a contract with another on whose behalf the person performed work as a building work contractor unless—

            (a)         the person was authorised to perform the work under a licence; or

            (b)         a court hearing proceedings for recovery of the fee, other consideration or compensation is satisfied that the person's failure to be so authorised resulted from inadvertence only.

        (3)         The Commissioner may, on application, exempt a person from compliance with this section subject to such conditions as the Commissioner thinks fit.

        (4)         The Commissioner may vary or revoke an exemption granted under subsection (3) as the Commissioner thinks fit.