(1)  A person must not perform any of the functions, or exercise any of the powers, of a building surveyor under this Act in respect of work unless he or she –

(a) is engaged, by the owner of premises where the work is being performed, to perform the functions, or exercise the powers, of a building surveyor in respect of the work; or

(b) is acting in accordance with a notice of the Minister under section 28(4) .

Penalty:  In the case of –

(a) a natural person, a fine not exceeding 100 penalty units; or

(b) a body corporate, a fine not exceeding 500 penalty units.

(2)  A person engaged as a building surveyor under this Act must not perform any of the functions, or exercise any of the powers, of a building surveyor under this Act that he or she is not authorised to perform or exercise under the Occupational Licensing Act 2005 .

Penalty:  Fine not exceeding 250 penalty units.