HOME BUILDING ACT 1989 - SECT 56 Grounds for taking disciplinary action against holder of a contractor licence

HOME BUILDING ACT 1989 - SECT 56

56 Grounds for taking disciplinary action against holder of a contractor licence

The Secretary may take disciplinary action under section 62 against the holder of a contractor licence on any of the following grounds--

(a) that the holder is not entitled to hold the contractor licence,

(b) that the holder is not a fit and proper person to hold the contractor licence,

(c) that the holder is guilty of improper conduct,

(d) that there is not a sufficient number of nominated supervisors to ensure--

(i) that the statutory warranties for residential building work are complied with, or

(ii) that specialist work is done with due care and skill and that good and suitable materials are used in doing the work, or

(iii) that the requirements applicable to the work made by or under this or any other Act in respect of residential building work or specialist work are complied with,

(e) in the case of a holder of a contractor licence that is a partnership--that any of the members of the partnership, or any of the officers of a corporation that is a member of the partnership, is not a fit and proper person to be a member of the partnership or an officer of the corporation or has been guilty of improper conduct,

(f) in the case of the holder of a contractor licence that is a corporation--that any of the officers of the corporation is not a fit and proper person to be an officer of the corporation or has been guilty of improper conduct,

(g) that the holder has failed to comply with a condition of the contractor licence imposed by a determination under this Part,

(h) that the holder does not meet the standards of financial solvency determined by the Secretary to be appropriate to the class of licence held,

(i) that, in the opinion of the Secretary, there is a risk to the public that the holder will be unable (whether or not for a reason relating to the financial solvency of the holder) to carry out work that the holder has contracted to do (whether before or after the commencement of this paragraph),

(j) that the licence was improperly obtained,

(k) that the Secretary has become aware of information about the licensee that, if known at the time the application for the licence was determined, would have been grounds for refusing the application,

(l) that the holder has knowingly done any residential building work or specialist work before the relevant principal certifying authority has carried out any critical stage inspection required to be carried out under section 109E(3)(d) of the Environmental Planning and Assessment Act 1979 in relation to the work or has failed to give any notification required under that Act in relation to such an inspection,

(m) that the holder has contravened an undertaking accepted by the Secretary under section 115A.