Victorian Current Acts Victorian Current Acts(1) This section applies if a person—
(a) enters into a contract to carry out plumbing work or specialised plumbing work; and
(b) the person—
(i) carries out that class or type of work despite not being permitted under this Part to do so in contravention of section 221D; or
(ii) causes or permits a person who is not permitted under this Part to carry out that class or type of work in contravention of section 221H(3).
(2) The person is not entitled to consideration under the contract unless the amount claimed—
(a) is not more than the amount of the costs reasonably incurred by the person in supplying materials and labour for carrying out work under the contract; and
(b) does not include—
(i) an amount for the supply of the person's own labour; or
(ii) an amount of profit by the person for carrying out work under the contract; and
(c) is not more than the person would have been entitled to recover for carrying out work under the contract; and
(d) does not include any amount paid by the person that is for the person's own direct or indirect benefit.
(3) A person may recover from another person in a court of competent jurisdiction, as a debt due to the person, any amount the person paid to the other person in respect of anything the other person—
(a) did in contravention of section 221D; or
(b) caused or permitted another person to do in contravention of section 221H(3).
S. 221I (Heading) inserted by No. 36/2008 s. 17(1).
S. 221I inserted by No. 39/1996 s. 5.