Australian Capital Territory Numbered Acts

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CONSTRUCTION OCCUPATIONS (LICENSING) ACT 2004 (NO. 12 OF 2004) - SECT 40

Rectification order offence

    (1)     A person commits an offence if the person intentionally fails to comply with a rectification order given to the person.

Maximum penalty: 200 penalty units.

    (2)     Each partner commits an offence if—

        (a)     the partnership is given a rectification order; and

        (b)     the partners, or some of them, intentionally fail to comply with the rectification order.

Maximum penalty: 200 penalty units.

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

        (a)     that—

              (i)     the partner did not know about the failure to comply; 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 failure to comply.



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