Victorian Current Acts

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BUILDING ACT 1993 - SECT 169FA

Offence to engage an unregistered subcontractor

    (1)     A person must not engage another person as a subcontractor (the "proposed subcontractor") to carry out building work if the building work is or includes building work of a type prescribed for the purposes of  section 169EA (the relevant building work ), unless the proposed subcontractor is registered under this Part and that registration authorises the carrying out of the relevant building work.

Penalty:     500 penalty units, in the case of a natural person;

    2500 penalty units, in the case of a body corporate.

    (2)     Subsection (1) does not apply to a person if the person took reasonable steps to ensure that the proposed subcontractor was registered to carry out the relevant building work, including any of the following steps—

        (a)     the person provided a written statement to the proposed subcontractor setting out—

              (i)     the requirement that the proposed contractor be a registered builder and that the registration must authorise the carrying out of the relevant building work; and

              (ii)     the requirement that any person engaged by the proposed subcontractor to carry out the relevant building work be so registered;

        (b)     the person inspected the certificate of registration of the proposed subcontractor at the time of engaging the proposed subcontractor and the certificate of registration appeared to authorise the proposed subcontractor to carry out the relevant building work;

        (c)     the person, at the time of engaging the proposed subcontractor, checked whether the proposed subcontractor was listed on the Register of Building Practitioners;

        (d)     the contract between the person and the subcontractor contains a clause requiring the subcontractor

              (i)     to be a registered builder and that the registration must authorise the carrying out of the relevant building work; and

              (ii)     to ensure that any person engaged by the subcontractor to carry out the relevant building work is so registered.

Note to s. 169FA inserted by No. 40/2021 s. 17.

Note

See also the transitional provision in section 282(3) which provides that in certain circumstances section 169FA does not apply to a person who engages a person as a subcontractor to carry out relevant building work who is not registered to carry out that work.

S. 169FB inserted by No. 46/2018 s. 12.



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