New South Wales Consolidated Regulations

HOME BUILDING REGULATION 2004 - REG 39A

39A General requirements for renewal or restoration of authorities

(1) Before an authority is renewed or restored, the Director-General must be satisfied that each relevant person:

(a) is not a mentally incapacitated person, and

(b) is not disqualified from holding the authority, and

(c) is not an undischarged bankrupt and is not a director of, or a person concerned in the management of, an externally-administered body corporate (within the meaning of the Corporations Act 2001 of the Commonwealth) except in a case of a voluntary winding up of the body corporate, and

(d) within the period of 3 years before the date of the application, was not an undischarged bankrupt and was not a director of, or a person concerned in the management of, an externally-administered body corporate (within the meaning of the Corporations Act 2001 of the Commonwealth) except in a case of a voluntary winding up of the body corporate, and

(e) is not subject to any order of the Tribunal that has not been satisfied within the period required by the Tribunal, and

(e1) is not subject to any order of a court in relation to a building claim under Part 3A of the Act that has not been satisfied within the period required for satisfaction of the order, and

(e2) is not a debtor under a judgment for money that has not been satisfied where the judgment is for the payment of money in relation to a building claim under Part 3A of the Act or the payment of money to an insurer in relation to a claim pursuant to home warranty insurance (within the meaning of Part 6 of the Act), and

(e3) is not (and has not been within the period of 3 years before the date of the application) a director of a corporation that is a debtor under a judgment for money as referred to in paragraph (e2), and

(f) has not had what the Director-General considers to be an unreasonable number of complaints made against him, her or it, and

(g) has not had what the Director-General considers to be an unreasonable number of formal cautions given to him, her or it, and

(h) has not had what the Director-General considers to be an unreasonable number of penalty notices issued against him, her or it (being penalty notices for offences under the Act that were not dealt with by a court and dismissed), and

(i) has not carried out work in respect of which the Director-General considers an unreasonable number of insurance claims have been paid.

(1A) Despite subclause (1) (c) and (d), the Director-General may renew or restore a contractor licence if the Director-General is of the opinion that:

(a) there is no evident risk to the public that the applicant will be unable to complete building contracts entered into in the future for the doing of residential building work or specialist work of that kind, or both, and

(b) the relevant person concerned took all reasonable steps to avoid the bankruptcy, liquidation or appointment of a controller or administrator.

(1B) A contractor licence renewed or restored under subclause (1A) may be renewed or restored subject to any of the following conditions:

(a) that the licence authorises its holder to do residential building work or specialist work of the kind prescribed by clause 46 (clause 46 (1) (a) and (b) excepted) but not of any other kind,

(b) that the holder of the licence not do work:

(i) if the contract price exceeds $12,000 (inclusive of GST), or

(ii) if the contract price is not known-where the reasonable cost of the labour and materials involved in the work exceeds $12,000 (inclusive of GST).

(2) For the purposes of this clause, each of the following persons is a "relevant person" in relation to an application for renewal or restoration of an authority:

(a) the applicant,

(b) if the applicant is a partnership:

(i) every partner of the applicant, and

(ii) if a member of the partnership is a corporation-every director of that corporation,

(c) if the applicant is a corporation-every director of the corporation.

(3) Subclause (1) (c) and (d) do not prevent the Director-General from renewing or restoring a supervisor or tradesperson certificate.

(4) Subclause (1) (e) or (e1) does not prevent the Director-General from renewing or restoring an authority if the Director-General is satisfied that the person:

(a) has complied with the order of the court or Tribunal after the period required by the court or Tribunal, and

(b) has a reasonable excuse for the failure to comply with the order within that period.