Queensland Consolidated Acts

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 42C

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.