Australian Capital Territory Numbered Acts

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BUILDING ACT 2004 (NO. 11 OF 2004) - SECT 49

Complying with building code

    (1)     A person must carry out building work only in a way that will, or is likely to, result in a building that complies with the building code.

Maximum penalty: 50 penalty units.

    (2)     An offence against subsection (1) is a strict liability offence.

    (3)     For subsection (1), building work is taken not to result in a building that complies with the building code if, for each provision of the building code with which the building must comply—

        (a)     the building will not comply with the deemed-to-satisfy provision of the building code; and

        (b)     the approved plans for the building work do not state an alternative solution under the building code.

    (4)     It is a defence to a prosecution for an offence against subsection (1) if the person proves that—

        (a)     the building work was carried out in accordance with approved plans; and

        (b)     if the approved plans had been followed at the time of approval—the resulting building would have complied with the building code.

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