Victorian Numbered Acts

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OCCUPATIONAL LICENSING NATIONAL LAW ACT 2010 (NO. 66 OF 2010) - SECT 12

Offence to hold out unlicensed person as being licensed

    (1)     A person must not hold out that the person is licensed—

        (a)     to carry out a licensed occupation unless the person holds a licence for the licensed occupation; or

        (b)     to carry out prescribed work unless the person holds a licence to carry out the prescribed work.

Penalty—

        (a)     for an individual for an offence involving a specified licensed occupation

              (i)     for a first or second offence—$50,000; or

              (ii)     for a third or subsequent offence—$50,000 or 12 months imprisonment or both; or
Sch.

        (b)     for an individual for any other offence—$50,000; or

        (c)     for a body corporate—$250,000.

    (2)     A person must not hold out that another person (the second person ) is licensed—

        (a)     to carry out a licensed occupation unless the second person holds a licence for the licensed occupation; or

        (b)     to carry out prescribed work unless the second person holds a licence to carry out the prescribed work.

Penalty—

        (a)     for an individual for an offence involving a specified licensed occupation

              (i)     for a first or second offence—$50,000; or

              (ii)     for a third or subsequent offence—$50,000 or 12 months imprisonment or both; or

        (b)     for an individual for any other offence—$50,000; or

        (c)     for a body corporate—$250,000.

    (3)     A reference in this section to carrying out prescribed work includes carrying on a business that involves carrying out prescribed work.

    (4)     In this section—

"specified licensed occupation" means a licensed occupation that the national regulations have declared to be a specified licensed occupation for the purposes of this section.



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