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QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 42C

Unlawful carrying out of fire protection work

42C Unlawful carrying out of fire protection work

(1) An individual must not personally carry out, or personally supervise, fire protection work unless the individual—
(a) holds a fire protection occupational licence; or
(b) holds a licence, registration or authorisation under this or another Act that allows the person to personally carry out or personally supervise the work.
Penalty—
Maximum penalty—
(a) for a first offence—250 penalty units; or
(b) for a second offence—300 penalty units; or
(c) for a third or later offence, or if the fire protection work carried out is tier 1 defective work—350 penalty units or 1 year’s imprisonment.
(2) Subsection (1) does not apply to an individual who personally carries out fire protection work if—
(a) the fire protection work is a type prescribed under a regulation; and
(b) the individual has the technical qualifications prescribed under a regulation for the type of fire protection work; and
(c) the individual carries out the fire protection work for a licensed contractor who holds a licence of the relevant class for the work.
(3) Also, subsection (1) does not apply to—
(a) an apprentice who personally carries out fire protection work in a calling that requires the apprentice to carry out the work; or
(b) a trainee who personally carries out fire protection work in a calling that requires the trainee to carry out the work; or
(c) a student who personally carries out fire protection work as part of training under the supervision of teaching staff at—
(i) a university; or
(ii) a college, school or similar institution conducted, approved or accredited by the State or the Commonwealth; or
(d) a student who, for work experience, personally carries out fire protection work as part of a pre-vocational course.
(3A) Further, subsection (1) does not apply to a person who, immediately before the establishment of a new class of licence, registration or authorisation mentioned in subsection (1) , was carrying out work within the scope of work for the new class of licence, registration or authorisation in a circumstance prescribed by regulation.
(4) An individual who contravenes subsection (1) and is liable to a maximum penalty of 350 penalty units or 1 year’s imprisonment, commits a crime.



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