A.F.T. Group (WA) Pty Ltd’s sole director Mark Ainslie has been successfully prosecuted in the Perth Magistrates Court for fraudulently using his neighbour’s registration number and name to contract for and carry out building work.
In proceedings initiated by the Building Commissioner and finalised on 20 June 2014, Mr Ainslie was ordered to pay a global penalty of $4,000 and costs of $1,149.90 for offences under the Building Services (Registration) Act 2011 and the Home Building Contracts Act 1991.
On 18 October 2011 A.F.T. Group, which is now in liquidation, entered into a contract to install modular residential units in Derby for the total value of $653,400. A.F.T. Group subsequently carried out the work between October 2011 and May 2012.
Prior to and throughout the project, A.F.T. Group fraudulently used the registration number and name of Mr Ainslie’s neighbour to infer that it was registered when it was not.
As the sole director of A.F.T. Group, which was named as the builder on the building permit, Mr Ainslie was found to have committed the following offences:
- Contracting for and carrying out building work valued over $20,000 without a building contractor registration;
- performing the home building work without a policy of home indemnity insurance; and
- holding out or implying that the company was a registered building service contractor when it was not.
“Using the details of a registered builder, especially without their knowledge, is a serious matter and anyone found to be doing so should be prepared to face significant penalties when they are caught,” Building Commissioner Peter Gow said.
“The Building Commission, including our Enforcement team, is committed to holding to account those who break the building laws and put consumer interests and the reputation of the building industry at risk.”
In most parts of Western Australia, building work valued over $20,000 requires a registration. You can check if a builder is registered on the Building Commission website at www.commerce.wa.gov.au/building-commission/find-registered-building-service-provider.
For more information on builders’ responsibilities and the relevant laws, visit the Building Commission website at www.commerce.wa.gov.au/buildingcommission, or contact 1300 489 099 or email@example.com.
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