Victorian Current Acts Victorian Current ActsS. 169EA(1) amended by No. 40/2021 s. 14(1).
(1) A person must not carry out a type of building work that is prescribed for the purposes of this section (the relevant building work ) unless the person—
(a) is registered under this Part and that registration authorises the carrying out of that building work; or
(b) is licensed under Part 11A and that licence authorises the carrying out of that building work and the person is carrying out the building work in the course of the person's employment.
Penalty: 500 penalty units, in the case of a natural person;
2500 penalty units, in the case of a body corporate.
S. 169EA(2) amended by No. 40/2021 s. 14(2).
(2) A person does not commit an offence under subsection (1) if the person is employed under a training contract to carry out relevant building work by an employer who has been approved under section 5.5.7 of the Education and Training Reform Act 2006 by the Victorian Registration and Qualifications Authority to employ that person under the training contract.
S. 169EA(3) inserted by No. 40/2021 s. 14(3).
(3) A person does not commit an offence under subsection (1) if the person applies for a registration under section 171(1)(ab) or a licence under section 187F , which authorises the carrying out of the relevant building work, before the person completes a training contract referred to in subsection (2) to carry out that relevant building work, during the period beginning after the completion of the training contract and ending on whichever of the following days occurs latest—
(a) the day on which the Authority determines the person's application for the registration or licence;
(b) if applicable, the day on which the Authority makes a reviewable decision in relation to that determination;
(c) if applicable, the day on which VCAT makes a decision in relation to that determination.
S. 169EA(4) inserted by No. 40/2021 s. 14(3).
(4) A person is exempt from an offence against subsection (1) in relation to the carrying out of relevant building work if—
(a) the person has been granted an exemption by the Authority under section 169EB in relation to the carrying out of the relevant building work; and
(b) the person carries out the relevant building work while employed by a builder registered under section 171(1)(a) or a registered builder subcontractor, whose registration authorises the carrying out of the relevant building work and who is the employing builder referred to in the exemption including an exemption as varied by the Authority; and
(c) at the time of carrying out the relevant building work the exemption is in force.
Note to s. 169EA inserted by No. 40/2021 s. 14(4).
Note
See also transitional provisions in section 282(1) and (2) which provide that in certain circumstances the offence against section 169EA does not apply to a person who is not registered or licensed to carry out relevant building work.
S. 169EB inserted by No. 40/2021 s. 15.