Australian Capital Territory Numbered Acts

ARCHITECTS ACT 2004 (NO. 20 OF 2004) - SECT 62

    (1)     A corporation commits an offence if the corporation—

        (a)     provides, or advertises that it will provide, an architectural service; and

        (b)     does not include the following in each item of written business correspondence:

              (i)     the name of the corporation's primary nominee, as recorded in the register;

              (ii)     the primary nominee's registration number.

Maximum penalty: 10 penalty units.

    (2)     A partner commits an offence if the partnership—

        (a)     provides, or advertises that it will provide, an architectural service; and

        (b)     does not include the following in each item of written business correspondence:

              (i)     the name of the partnership's primary nominee, as recorded in the register kept under this Act;

              (ii)     the primary nominee's registration number.

Maximum penalty: 10 penalty units.

    (3)     It is a defence to a prosecution for an offence for contravening subsection (2) if the partner proves—

        (a)     that—

              (i)     the partner did not know that the information was not included in the business correspondence; and

              (ii)     reasonable precautions were taken and appropriate diligence was exercised to avoid the contravention; or

        (b)     that the partner was not in a position to influence the other partners in relation to the business correspondence.

    (4)     An offence against this section is a strict liability offence.