New South Wales Consolidated Acts

HOME BUILDING ACT 1989 - SECT 127A

127A Power to request name and address of persons undertaking residential building work or specialist work

(1) An authorised person may request the person who has control over the carrying out of the doing of any residential building work, or specialist work, at a building site to state the name and residential address of each person who has contracted to do the work or any part of such work.

(2) An authorised person may request the holder of an owner-builder permit to state the name and residential address of each person who has contracted to do any residential building work for the holder.

(3) For the purposes of subsection (1), the holder of an endorsed contractor licence or a supervisor certificate is to be presumed, in the absence of evidence to the contrary, to have control over the doing of all work for which the holder is a nominated supervisor.

(4) A person is guilty of an offence if the person--

(a) fails or refuses, without reasonable excuse, to comply with a request under this section at the time that the request is made, or

(b) states a name or address the person knows to be false.

: Maximum penalty--200 penalty units.

(5) A person is not guilty of an offence under this section unless it is established that the authorised person--

(a) provided evidence to the person that he or she was an authorised person, and

(b) warned the person that a failure to comply with the request may be an offence.

(6) In this section--

"authorised person" means--

(a) a person authorised in writing by the Secretary for the purposes of this section and holding a certificate issued by the Secretary as to that authority, or

(b) an investigator appointed under section 18 of the Fair Trading Act 1987 , or

(c) a person authorised in writing by the Authority for the purposes of this section and holding a certificate issued by the Authority as to that authority.