Tasmanian Numbered Acts

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OCCUPATIONAL LICENSING AMENDMENT ACT 2016 (NO. 26 OF 2016) - SECT 21

Section 29 amended (Offences relating to insurance cover)
Section 29 of the Principal Act is amended as follows:
(a) by omitting the penalty from subsection (1) and substituting the following penalty:
Penalty:  In the case of –
(a) a body corporate, a fine not exceeding 400 penalty units; or
(b) an individual, a fine not exceeding 200 penalty units.
(b) by omitting the penalty from subsection (2) and substituting the following penalty:
Penalty:  In the case of –
(a) a body corporate, a fine not exceeding 150 penalty units; or
(b) an individual, a fine not exceeding 75 penalty units.
(c) by inserting the following subsections after subsection (3) :
(3A)  A building services provider must not carry out any building services work, or allow any building services work to be carried out under his or her licence, unless he or she holds, or is taken to hold, the insurance cover as required under section 27 .
Penalty:  In the case of –
(a) a body corporate, a fine not exceeding 500 penalty units; or
(b) an individual, a fine not exceeding 100 penalty units.
(3B)  A building services provider must not represent that he or she holds, or is taken to hold, the insurance cover as required under section 27 , unless that is the case.
Penalty:  In the case of –
(a) a body corporate, a fine not exceeding 150 penalty units; or
(b) an individual, a fine not exceeding 75 penalty units.
(3C)  A court that convicts a person of an offence under subsection 3A is to order, in addition to any other penalty imposed in respect of the offence, that the person pay into the Fund an amount equal to the total of any insurance premiums which the court is satisfied the person has avoided by failing to maintain the insurance cover as required under section 27 .
(d) by omitting from subsection (4) "practitioner" and substituting "practitioner, or building services provider," ;
(e) by omitting the penalty from subsection (4) and substituting the following penalty:
Penalty:  In the case of –
(a) a body corporate, a fine not exceeding 150 penalty units; or
(b) an individual, a fine not exceeding 75 penalty units.
(f) by omitting from subsection (5) "contractor" and substituting "contractor, or building services provider," ;
(g) by omitting the penalty from subsection (5) and substituting the following penalty:
Penalty:  In the case of –
(a) a body corporate, a fine not exceeding 300 penalty units; or
(b) an individual, a fine not exceeding 150 penalty units.



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