BUILDING AND CONSTRUCTION INDUSTRY (SECURITY OF PAYMENT) ACT 2009 - SECT 32 Nominating authority—suitability

BUILDING AND CONSTRUCTION INDUSTRY (SECURITY OF PAYMENT) ACT 2009 - SECT 32

    (1)     In deciding whether an applicant is suitable the Minister must have regard to the following:

        (a)     whether the applicant, or a person engaged or employed by the applicant, has been convicted, or found guilty, in the 5 years before the application is made, whether in the ACT or elsewhere, of an offence—

              (i)     involving fraud or dishonesty; or

              (ii)     punishable by imprisonment for at least 1 year;

        (b)     whether the applicant is bankrupt or personally insolvent;

        (c)     whether the applicant, or a person engaged or employed by the applicant, at any time in the 5 years before the application is made, was involved in the management of a corporation when—

              (i)     the corporation became the subject of a winding-up order; or

              (ii)     a controller or administrator was appointed;

        (d)     whether the applicant at any time in the 1 year before the application is made had—

              (i)     an authorisation to be a nominating authority cancelled, suspended or withdrawn under this Act or under a corresponding law; or

              (ii)     been refused authorisation to be a nominating authority under this Act or under a corresponding law;

        (e)     if the applicant represents the interests of a particular section of the building and construction industry—whether the applicant's representation makes the applicant unsuitable to appoint adjudicators.

    (2)     In this section:

"corresponding law" means a law of the Commonwealth or another State that provides for security of payments in the building and construction industry.