Australian Capital Territory Numbered Acts

BUILDING ACT 2004 (NO. 11 OF 2004) - SECT 76

    (1)     A person commits an offence if—

        (a)     the person occupies or uses, or allows someone else to occupy or use, a building or part of a building; and

        (b)     the construction occupations registrar has not issued a certificate of occupancy for the building or part of the building.

Maximum penalty: 50 penalty units.

    (2)     A person commits an offence if—

        (a)     the construction occupations registrar has issued a certificate of occupancy for only a part of a building (the approved part ); and

        (b)     the person occupies or uses, or allows someone else to occupy or use, a part of the building for which no certificate of occupancy has been issued; and

        (c)     the purpose of the use is not incidental to the use of the approved part.

Maximum penalty: 50 penalty units.

    (3)     An offence under this section is a strict liability offence.

    (4)     In this section:

"building" does not include a building for which a certificate of regularisation has been issued.