New South Wales Consolidated Acts

BUILDING PROFESSIONALS ACT 2005 - SECT 8

8 Suspension or cancellation of accreditation

(1) The Board may cancel a person’s certificate of accreditation as an accredited certifier if:

(a) in the case of a certificate of individual accreditation, the person dies, or

(b) the person makes a written request to the Board for the cancellation of that person’s certificate of accreditation, or

(c) the Board has made an error in issuing the certificate.

(2) The Board may suspend or cancel a person’s certificate of individual accreditation if:

(a) the person has been issued a certificate of accreditation on the basis of a misrepresentation made by the person, whether or not made knowingly, or

(b) the Board is satisfied that the person is not covered by the insurance required by Division 2 of Part 6, or

(c) the person is a mentally incapacitated person, or

(d) the person’s equivalent authorisation has been suspended or cancelled (otherwise than at the person’s request) under the law of another jurisdiction, or

(e) the person is an undischarged bankrupt, or

(f) the person has failed to comply with an order of the Board under section 31, or

(g) the Board is of the opinion that the person is not a fit and proper person to hold a certificate of accreditation.

(2A) The Board may suspend or cancel a certificate of corporate accreditation if:

(a) the body corporate concerned has been issued a certificate of accreditation on the basis of a misrepresentation made by the body corporate, or a person concerned in the management of the body corporate, whether or not made knowingly, or

(b) the body corporate does not have at least one director who is an accredited certifier or does not have as directors or employ at least 2 other persons who are accredited certifiers, or

(c) the Board is satisfied that the body corporate is not covered by the insurance required by Division 2 of Part 6, or

(d) the body corporate’s equivalent authorisation has been suspended or cancelled (otherwise than at its request) under the law of another jurisdiction, or

(e) the Board is of the opinion that a person concerned in the management of the body corporate is not a fit and proper person, or

(f) a director of, or a person concerned in the management of, the body corporate is an undischarged bankrupt, or

(g) a disciplinary finding under Part 3 has been made against an accredited certifier director of the body corporate, or

(h) the body corporate is the subject of a winding up order or a controller or administrator has been appointed in respect of it, or

(i) the body corporate, or an accredited certifier who is a director or employee of the body corporate, has failed to comply with an order of the Board under section 31.

(3) The Board must suspend or cancel a certificate of accreditation if directed to do so by an order made by the Tribunal under this Act.

(4) The Board may suspend or cancel a certificate of accreditation under subsection (2) (c)-(g) or (2A) (d)-(i) only after having given the holder of the certificate written notice of its intention to suspend or cancel the certificate setting out its reasons.

(5) The notice must include a statement that the holder of the certificate concerned may make submissions to the Board in relation to the proposed suspension or cancellation within 14 days after the date of the notice.

(6) The Board must take into account any submissions received in accordance with subsection (5).

(7) The suspension or cancellation of a certificate of accreditation:

(a) must be made by notice in writing, and

(b) must be served on the holder of the certificate, and

(c) takes effect on the day on which the notice is served or on a later day specified in the notice.