New South Wales Consolidated Acts

PUBLIC HEALTH ACT 2010 - SECT 28

28 Installation of regulated systems

(cf 1991 Act, s 45)

(1) If a regulated system is installed on any premises otherwise than in accordance with the prescribed installation requirements (including any design requirements of those requirements), the occupier of the premises at the time the system is installed is guilty of an offence.

: Maximum penalty--

(a) in the case of an individual--200 penalty units, or

(b) in the case of a corporation--1,000 penalty units.

(2) It is a defence to proceedings for an offence under subsection (1) if the occupier satisfies the court that the regulated system was installed by a duly qualified person.

(3) If a duly qualified person--

(a) is engaged by the occupier of any premises to install a regulated system on the premises, and

(b) fails to ensure that the prescribed installation requirements are complied with,

that person is guilty of an offence.

: Maximum penalty--

(a) in the case of an individual--100 penalty units for a first offence or 200 penalty units, or imprisonment for 12 months, or both, for a second or subsequent offence, or

(b) in the case of a corporation--500 penalty units for a first offence or 1,000 penalty units for a second or subsequent offence.

(4) If a duly qualified person who is engaged by the occupier of any premises to install a regulated system on the premises engages a person other than an employee (a
"subcontractor" ) to install the system, the subcontractor is guilty of an offence if the subcontractor fails to ensure that the prescribed installation requirements are complied with.

: Maximum penalty--

(a) in the case of an individual--100 penalty units for a first offence or 200 penalty units, or imprisonment for 12 months, or both, for a second or subsequent offence, or

(b) in the case of a corporation--500 penalty units for a first offence or 1,000 penalty units for a second or subsequent offence.