substitute
(5) A person commits an offence if—
(a) the person carries out the building work; and
(b) the carrying out of the building work fails to comply with 1 or more of the requirements for carrying out the building work under section 42; and
(c) the person intended to carry out the building work in a way that did not comply with the requirements under section 42.
Maximum penalty: 300 penalty units, imprisonment for 3 years or both.
(6) A person commits an offence if—
(a) the person is the owner of a parcel of land where the building work is carried out; and
(b) the carrying out of the building work does not comply with 1 or more of the requirements for carrying out the building work under section 42; and
(c) the person intended to have the building work carried out in a way that did not comply with section 42.
Maximum penalty: 300 penalty units, imprisonment for 3 years or both.