QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 67AI
Notice that not a fit and proper person to individual who is not a licensee
QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 67AI
Notice that not a fit and proper person to individual who is not a licensee
67AI Notice that not a fit and proper person to individual who is not a
licensee
(1) For an individual who is not a licensee, subsection (3) applies if, after
considering the submissions made by the individual for the notice under
section 67AF(2) , the commission—
(a) still considers that—
(i) the
individual carried out the work stated in the notice; and
(ii) the work
carried out was tier 1 defective work; and
(b) is not satisfied that the
individual exercised reasonable diligence to ensure that the work carried out
was not defective.
(2) Subsection (3) also applies if there are no
submissions for the notice under section 67AF(2) .
(3) The commission must,
by written notice given to the individual, inform the individual—
(a) that
the commission—
(i) still considers that—
(A) the individual carried out
the work stated in the notice; and
(B) the work carried out was tier 1
defective work; and
(ii) is not satisfied that the individual exercised
reasonable diligence to ensure that the work carried out was not defective;
and
(b) that the individual is taken not to be a fit and proper person for
part 3 , division 2 , for the term calculated under section 67AOand stated in
the notice; and
(c) of the individual’s right to apply to the tribunal for
a review of the commission’s decision; and
(d) how, and the period within
which, the individual may apply to the tribunal for the review; and
(e) any
right the individual has to have the operation of the commission’s decision
stayed by the tribunal.
Note—
An individual who is given notice that they
are taken not to be a fit and proper person (a
"banned individual" ) for a stated term may have the commission’s decision
reviewed under section 86(1) (n) .
(4) An individual given notice under
subsection (3) is taken not to be a fit and proper person for part 3 ,
division 2 as stated in the notice.