Part 2Building
Code compliance certificates, certificates of acceptance, and compliance schedules: Annual building warrant of fitness
108ADuties of independently qualified person
An independently qualified person must not state (whether in a building warrant of fitness or any other document) that the inspection, maintenance, or reporting procedures in a compliance schedule relating to a specified system (for example, a lift or ventilation system) have been complied with during the previous 12 months if those inspection, maintenance, or reporting procedures for that system have not been fully complied with during that period.
Every person who acts in breach of subsection (1) commits an offence.
It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that—
- the failure to comply with subsection (1) was due to—
- a reasonable mistake; or
- reasonable reliance on information supplied to the defendant by another person; or
- a reasonable mistake; or
- the defendant took reasonable precautions and exercised due diligence to avoid the failure.
A person who commits an offence under subsection (1) is liable on conviction,—
- in the case of an individual, to a fine not exceeding $50,000:
- in the case of a body corporate, to a fine not exceeding $150,000.
Notes
- Section 108A: inserted, on , by section 12 of the Building (Earthquake-prone Building Deadlines and Other Matters) Amendment Act 2024 (2024 No 49).