BUILDING AND DEVELOPMENT CERTIFIERS ACT 2018 - SECT 7
Grounds for finding that a person is not a suitable person to carry out certification work
BUILDING AND DEVELOPMENT CERTIFIERS ACT 2018 - SECT 7
Grounds for finding that a person is not a suitable person to carry out certification work
7 Grounds for finding that a person is not a suitable person to carry out
certification work
(1) A person is not a suitable person to carry out certification work if--
(a)
the person is disqualified from being registered, or
(b) the person
(including, if the person is a body corporate, a director of the body
corporate) is a natural person who is under 18 years of age, or
(c) the
person does not have the qualifications, skills, knowledge and experience
required to carry out the certification work, or
(d) the person (including,
if the person is a body corporate, a director of the body corporate) is not a
fit and proper person to carry out the certification work, or
(e) the person
is a mentally incapacitated person, or
(f) the person is a body corporate and
no director of the body corporate is registered in a class of registration
that would authorise the director to carry out the certification work, or
(g)
the Secretary is of the opinion that the person is not a suitable person to
carry out the certification work.
(2) The Secretary may form an opinion that
a person is not a suitable person to carry out certification work in any one
or more of the following circumstances--
(a) the person (including, if the
person is a body corporate, a director of the body corporate) has, within the
previous 10 years, been convicted of a relevant offence,
(b) the Independent
Commission Against Corruption, within the previous 10 years, has made a
finding or has been of the opinion that the person (including, if the person
is a body corporate, a director of the body corporate) has engaged in corrupt
conduct,
(c) the person (including, if the person is a body corporate, a
director of the body corporate) is an undischarged bankrupt,
(d) the person
has contravened a requirement imposed by or under this Act or a requirement
imposed with respect to certification work under another Act or law,
(e) an
equivalent authorisation of the person has been suspended or cancelled (other
than at the person's request) under the law of another Australian
jurisdiction,
(f) the person is disqualified (other than on the grounds of
not residing in that jurisdiction or on the grounds that the person is a body
corporate) from holding an equivalent authorisation under the law of another
Australian jurisdiction,
(g) a close associate of the person who would not be
a fit and proper person to be registeredexercises a significant influence
over the person or the operation and management of the person's business,