HOME BUILDING ACT 1989 - SECT 25
Issue of certificates
HOME BUILDING ACT 1989 - SECT 25
Issue of certificates
25 Issue of certificates
(1) The Secretary must refuse an application for a supervisor or tradesperson
certificate if--
(a) the Secretary is not satisfied that the applicant is a
fit and proper person to hold such a certificate, or
(a1) the Secretary is
not satisfied as to the matters of which the Secretary is required to be
satisfied by sections 33B and 33D, or
(b) the applicant is a mentally
incapacitated person, or
(c) the applicant is disqualified by this Act or the
regulations from holding such a certificate, or
(d) the Secretary considers
that a close associate of the applicant who would not be a fit and proper
person to hold an authority exercises a significant influence over the
applicant or the operation and management of the applicant's business.
(1A)
Without limiting subsection (1)(a), in determining whether an applicant is a
fit and proper person to hold a certificate the Secretary is to consider
whether the applicant is of good repute, having regard to character, honesty
and integrity.
(2) The Secretary may, by notice published in the Gazette,
specify qualifications and experience, or additional standards or other
requirements, required to be held or met by an applicant for a supervisor or
tradesperson certificate.
(3) The Secretary must refuse an application for a
supervisor or tradesperson certificate--
(a) if the Secretary is not satisfied
that any such requirement would be met were the certificate to be issued, or
(b) if the applicant has not completed, at a standard acceptable to the
Secretary, any relevant examination or practical test (or both) conducted or
nominated by the Secretary and required by the Secretary to be completed by
the applicant.
(4) A decision of the Secretary relating to--
(a) the
specification of qualifications and experience, or additional standards or
other requirements under subsection (2), or
(b) the setting of standards or
selecting of examinations or tests under subsection (3),
cannot be reviewed by
the Tribunal in an application for an administrative review made under this or
any other Act.
