Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) A certifier must, as soon as practicable, notify the construction occupations registrar of any contravention of this Act that comes to the certifier's attention.
Maximum penalty: 5 penalty units.
Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations and the building code (see Legislation Act, s 104).
(2) However, subsection (1) does not apply to building work only because the work does not comply with section 42 (Requirements for carrying out building work) if the building licensee in charge of the building work fixes the matter to the satisfaction of the certifier within a reasonable time after the day the matter is brought to the licensee's notice.
Example of non-application of s (2)
It comes to a certifier's attention that a builder proceeded with building work above the dampcourse level without a plan or document mentioned in s 43 (2). That contravention of this Act must be reported under s (1) and s (2) does not have an affect because the contravention relates to s 43, not s 42.
Note 1 The certifier has the evidentiary burden of establishing the matters mentioned in s (2) (see Criminal Code, s 58).
Note 2 An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(3) Subsection (1) applies whether or not a direction under section 44 (2) (Stage inspections) has been given in relation to the matter.
(4) An offence against this section is a strict liability offence.