New South Wales Consolidated Regulations

HOME BUILDING REGULATION 2004 - REG 28A

28A Disqualifications from holding authorities

(1) For the purposes of the Act, a person is disqualified from holding an authority (other than an owner-builder permit) if the person:

(a) has been convicted in New South Wales or elsewhere of an offence involving dishonesty within the last 10 years, unless the Director-General has determined under subclause (2) that the offence should be ignored, or

(b) has been convicted within the last 5 years for an offence under section 46A (Lending of authority prohibited) of the Act, unless the Director-General has determined under subclause (2) that the offence should be ignored, or

(c) is disqualified from holding a licence, certificate of registration or other authority under a corresponding law or is the holder of such a licence, certificate of registration or other authority that is suspended, or

(d) is the holder of a licence, permit or other authority that is suspended under the Fair Trading Act 1987 or any other Act administered by the Minister, or

(e) is in partnership with a person who is, or is a director of a corporation that is, disqualified from holding an authority, or

(f) is for the time being declared to be a person who is disqualified from holding an authority under Part 4 (Disciplinary proceedings) of the Act, or

(g) has failed to pay any monetary penalty payable by the person under Part 4 (Disciplinary proceedings) of the Act or has failed to comply with a condition imposed under section 62 (d) of the Act, and the failure continues, or

(h) is in breach of any provision of the Act or this Regulation that is prescribed by this Regulation as a disqualifying breach.

(2) The Director-General may determine that an offence committed by a person should be ignored for the purposes of this clause because of the time that has passed since the offence was committed or because of the triviality of the acts or omissions giving rise to the offence.

(3) In this clause:
"corresponding law" means a law of another Australian jurisdiction that is declared by the Minister from time to time by an order published in the Gazette to be a law that corresponds to the Act.

Note: For orders under this definition see Gazette No 55 of 21.4.2006, p 2349.