4. Section 6 of the principal Act is amended —
by deleting subsection (3) and substituting the following subsections:
“(3) Subject to the provisions of this Act, every person for whom any relevant building works are or are to be carried out, or the builder of such building works, shall, before an application is made under subsection (1), appoint —
an appropriate qualified person to prepare the plans of the building works in accordance with the building regulations; and
the same or another appropriate qualified person to supervise the building works as required under section 8.
(3A) No qualified person shall supervise any structural works in respect of which a certificate by an accredited checker is required under subsection (1)(c) if he, or any nominee of his, is a partner, an officer or an employee of —
the builder of the building works; or
any associate of the builder of the building works.”;
by deleting the words “the latter plans and, unless otherwise prescribed, by a certificate of an accredited checker in respect of such of the latter plans” in subsection (8) and substituting the words “the amendment plans prepared by the appropriate qualified person appointed under subsection (3) (a) and, unless otherwise prescribed, by a certificate of an accredited checker in respect of such plans”; and
by inserting, immediately after subsection (11), the following subsections:
“(12) In subsection (3A), “associate”, in relation to a builder, means —
any body corporate of which the builder is a director, secretary or other officer;
any beneficiary under a trust or an object of a discretionary trust of which the builder is a trustee;
any party to a partnership to which the builder is also a party; or
any employer or employee of the builder.
(13) Any qualified person who contravenes subsection (3A) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.”.