South Australian Numbered Acts South Australian Numbered Acts12—Amendment of section 45—Offences relating specifically to
building work
(1) Section
45—after subsection (2) insert:
(2a) If—
(a) any
item or materials incorporated into any building through the performance of
any building work do not comply with the Building Rules (as modified under
this Act and subject to any variation allowed under section 36); and
(b) the
failure to comply is attributable (wholly or in part) to an act or omission of
a person who designed, manufactured, supplied or installed the item or
materials, being an act or omission occurring where it was reasonably
foreseeable that the item or materials would be required to comply with the
Building Rules and where it was reasonable, in the circumstances, to rely on
the advice, skills or expertise of that person,
then that person will be guilty of an offence.
Penalty: Division 4 fine.
(2b) The fact that a
person may have (or has) committed an offence against subsection (2a)
does not affect the requirements imposed on a person by subsections (1) and
(2).
(2) Section
45—after subsection (3) insert:
(4) In this
section—
"item" includes any component, fitting, connection, mounting or accessory.