Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) A nominee of a firm has the function of ensuring that the architectural services for which the nominee is responsible (the relevant architectural services ) comply with this Act.
(2) The nominee commits an offence if—
(a) the nominee has been given a copy of the nominee's appointment and any change to the appointment; and
(b) the nominee fails to ensure that the relevant architectural services comply with this Act.
Maximum penalty: 50 penalty units.
Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).
(3) Subsection (2) does not apply to a failure of a nominee of a firm if—
(a) the nominee had given the nominee's firm a mandatory requirement in relation to the matter that made up the failure; and
(b) the nominee had given the architects board a copy of the mandatory requirement; and
(c) the failure would not have happened if the mandatory requirement had been complied with.
(4) A firm that is a corporation commits an offence if a nominee of the firm fails to ensure that the relevant architectural services comply with this Act.
Maximum penalty: 50 penalty units.
(5) A partner in a firm that is a partnership commits an offence if a nominee of the firm fails to ensure that the relevant architectural services comply with this Act.
Maximum penalty: 50 penalty units.
(6) It is a defence to a prosecution for an offence for contravening subsection (5) if the partner proves—
(a) that—
(i)
the partner did not know about the failure; and
(ii) reasonable precautions were taken and appropriate diligence was exercised to avoid the failure; or
(b) that the partner was not in a position to influence the other partners in relation to the architectural services or their supervision.
(7) An offence against this section is a strict liability offence.