South Australian Consolidated Acts South Australian Consolidated Acts45—Offences relating specifically to building work
(1) A person must not
perform building work, or cause it to be performed, except in accordance with
technical details, particulars, plans, drawings and specifications approved in
accordance with this Division.
Maximum penalty: $60 000.
Default penalty: $200.
(2) A person must, in
performing any building work, comply with the Building Rules (unless modified
under this Part), and any other requirements imposed by or under this Division
in respect of that work.
Maximum penalty: $60 000.
Default penalty: $200.
(2a) If—
(a) any
item or materials incorporated into any building through the performance of
any building work do not comply with the Building Rules (as modified under
this Act and subject to any variation allowed under section 36); and
(b) the
failure to comply is attributable (wholly or in part) to an act or omission of
a person who designed, manufactured, supplied or installed the item or
materials, being an act or omission occurring where it was reasonably
foreseeable that the item or materials would be required to comply with the
Building Rules and where it was reasonable, in the circumstances, to rely on
the advice, skills or expertise of that person,
then that person will be guilty of an offence.
Maximum penalty: $60 000.
(2b) The fact that a
person may have (or has) committed an offence against subsection (2a)
does not affect the requirements imposed on a person by subsections (1)
and (2).
(3) In so far as any
charge for an offence against a preceding subsection relates to a failure to
comply with the Building Rules (including the Building Rules as modified under
this Act), it is a defence to prove that the failure to comply was only of a
minor nature and had no adverse effect on the structural soundness or safety
of the building in respect of which the relevant building work was performed.
(4) In this
section—
"item" includes any component, fitting, connection, mounting or accessory.