(3) If this section applies to an individual because of
subsection (1) , the individual is an
"excluded individual" for the relevant bankruptcy event.
(4) If this section
applies to an individual because of subsection (2) , the individual is an
"excluded individual" for the relevant company event unless the individual can
satisfy the commissioner that at the time the individual ceased to be an
influential person, director or secretary for the construction company the
company was solvent.
(5) An excluded individual for a relevant event does not
also become an excluded individual for another relevant event if the
commission is satisfied that both events are consequences flowing from what
is, in substance, the one set of circumstances.
(a) means a company that directly or indirectly
carries out building work or building work services in this or another State;
and
(b) includes a company that, within 2 years immediately before a
relevant company event for the company, directly or indirectly carries out
building work or building work services in this or another State.