Australian Capital Territory Numbered Acts

ARCHITECTS ACT 2004 (NO. 20 OF 2004) - SECT 61

    (1)     A corporation commits an offence if the corporation—

        (a)     advertises that it provides, or will provide, an architectural service; and

        (b)     does not include the following in the advertisement:

              (i)     the name of the corporation's primary nominee, as recorded in the register;

              (ii)     the primary nominee's registration number.

Maximum penalty: 10 penalty units.

    (2)     A partner commits an offence if the partnership—

        (a)     advertises that it provides, or will provide, an architectural service; and

        (b)     does not include the following in the advertisement:

              (i)     the name of the partnership's primary nominee as recorded in the register;

              (ii)     the primary nominee's registration number.

Maximum penalty: 10 penalty units.

    (3)     It is a defence to a prosecution for an offence for contravening subsection (2) if the partner proves—

        (a)     that—

              (i)     the partner did not know that the partnership had not included the information in the advertisement; and

              (ii)     reasonable precautions were taken and appropriate diligence was exercised to avoid the contravention; or

        (b)     that the partner was not in a position to influence the other partners in relation to the advertisement.

    (4)     An offence against this section is a strict liability offence.