Queensland Consolidated Acts

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 42CA

42CA Unlawful carrying out of mechanical services work

(1) An individual must not personally carry out, or personally supervise, mechanical services work unless the individual—

(a) holds a mechanical services occupational licence; or

(b) holds a licence, registration or authorisation under this Act 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 mechanical services 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 mechanical services work if the mechanical services work is a type prescribed by regulation.

(3) Also, subsection (1) does not apply to—

(a) an apprentice who personally carries out mechanical services work in a calling that requires the apprentice to carry out the work; or

(b) a trainee who personally carries out mechanical services work in a calling that requires the trainee to carry out the work; or

(c) a student who personally carries out mechanical services 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 mechanical services 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.