Australian Capital Territory Numbered Acts

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CONSTRUCTION OCCUPATIONS (LICENSING) ACT 2004 (NO. 12 OF 2004) - SECT 86

Surrender of licences

    (1)     A person commits an offence if—

        (a)     the person's licence has been suspended or cancelled; and

        (b)     the person does not surrender the licence to the registrar within 2 weeks after the day of suspension or cancellation.

Maximum penalty: 5 penalty units.

    (2)     Each partner commits an offence if—

        (a)     the partnership's licence has been suspended or cancelled; and

        (b)     the licence is not surrendered to the registrar within 2 weeks after the day of suspension or cancellation.

Maximum penalty: 5 penalty units.

    (3)     It is a defence to a prosecution for an offence against subsection (1) or (2) if the defendant proves that the licence has been destroyed, lost or stolen.

    (4)     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 surrender the licence; and

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

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



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