Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) A person who—
(a) manufactures prescribed articles of electrical equipment in the ACT; or
(b) imports prescribed articles of electrical equipment into the ACT from outside Australia;
may apply in writing to the construction occupations registrar to be registered as an approved first seller in relation to those articles.
Note A fee may be determined under s 64 (Determination of fees) for this subsection.
(2) Subject to subsection (3), the construction occupations registrar shall, on receiving an application under subsection (1), register the applicant as an approved first seller in relation to the prescribed articles of electrical equipment specified in the application by causing the prescribed particulars in relation to the applicant and those articles to be entered in the register referred to in section 21 (1) (b).
(3) The construction occupations registrar may refuse to register an applicant as an approved first seller if the registrar is satisfied that the applicant—
(a) is insolvent; or
(b) has been refused registration as a first seller or an approved applicant, or equivalent registration, under the corresponding law of a State or another Territory; or
(c) has been registered as a first seller or an approved applicant or has equivalent registration under the corresponding law of a State or another Territory and that registration has been cancelled otherwise than at the request of the applicant; or
(d) has been convicted of an offence against this part, against part 3 as in force immediately before the commencement of this part or of a similar offence against the law of a State or another Territory; or
(e) has not complied with the other requirements (if any) that are prescribed.
(4) The construction occupations registrar may cancel the registration of a person as an approved first seller if—
(a) the registrar is satisfied that—
(i) the person is insolvent; or
(ii) the person has been refused registration as a first seller or approved applicant, or equivalent registration, under a corresponding law of a State or another Territory; or
(iii) the registration of the person as a first seller or approved applicant, or equivalent registration of the person, under the corresponding law of a State or another Territory has been cancelled otherwise than at the request of the person; or
(iv) the person has been convicted of an offence against this part or part 3 as in force immediately before the commencement of this part or of a similar offence against the law of a State or another Territory; or
(v) the person has supplied an article of electrical equipment in breach of an undertaking referred to in section 15 (3) (d); or
(b) the approved first seller requests in writing that the registration be cancelled; or
(c) the approved first seller—
(i) for a body corporate—is dissolved; or
(ii) for an individual—dies.
(5) For this section, a person shall be taken to be insolvent if—
(a) for a body corporate—a resolution for the winding-up of the body has been passed or an application for the winding-up of the body has been filed in a court; or
(b) for an individual—the person becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit.
(6) An approved first seller commits an offence if—
(a) there is a change in the prescribed particulars mentioned in subsection (2) in relation to the seller; and
(b) the seller fails to give written notice of the change to the construction occupations registrar within 7 days after the day of the change.
Maximum penalty: 20 penalty units.
(7) The construction occupations registrar shall cause particulars of any change notified under subsection (6) to be entered in the register referred to in subsection (2).