New South Wales Consolidated Acts

HOME BUILDING ACT 1989 - SECT 11C

11C Undue influence relating to appointment of certifiers

(1) A holder of a contractor licence must not unduly influence (or attempt to unduly influence) a person with whom the contractor enters a contract, in the appointment by that person of a registered certifier to carry out certification work with respect to work to be carried out under the contract.

: Maximum penalty--1,000 penalty units in the case of a corporation and 300 penalty units in any other case.

(2) Without limiting subsection (1), a holder of a contractor licence is taken to have attempted to unduly influence a person in the appointment of a registered certifier if the holder of the contractor licence--

(a) made it a requirement of entering the contract that a specified registered certifier or class of registered certifier was or was not be appointed, or

(b) offered to change the contract price if a specified registered certifier or class of registered certifier would be or would not be appointed, or

(c) refuses to carry out work under the contract if a specified registered certifier or class of registered certifier is or is not appointed.