Queensland Consolidated Acts

QUEENSLAND BUILDING SERVICES AUTHORITY ACT 1991 - SECT 32

(1) An individual is entitled to a nominee supervisor's licence if the authority is, on application by the individual, satisfied that--

(a) the applicant has the qualifications and experience required by regulation for a licence of the relevant class; and

(b) the applicant can lawfully work in Queensland; and

(c) the applicant is not an excluded individual for a relevant event or a permanently excluded individual; and

(d) the applicant is not a banned individual; and

(e) the applicant is not a disqualified individual; and

(f) the applicant does not have an unpaid judgment debt for an amount the authority may recover under section 71; and

(g) the applicant is a fit and proper person to hold the licence.

(2) In deciding whether an applicant is a fit and proper person to hold the licence, the authority may have regard to--

(a) commercial and other dealings in which the applicant has been involved and the standard of honesty and integrity demonstrated in those dealings; and

(b) any failure by the applicant to carry out commercial or statutory obligations and the reasons for the failure; and

(c) tier 1 defective work carried out by the applicant, whether or not the applicant received a notice under section 67AH, 67AI, 67AL or 67AM stating a term of ban for the work; and

(d) if the person is an enforcement debtor under an enforcement order for an infringement notice offence for this Act or the Domestic Building Contracts Act 2000--whether the person has taken steps under the State Penalties Enforcement Act 1999 to discharge the amount stated in the enforcement order; and

(e) any other relevant factor.

(3) However, the authority may not have regard to the matter mentioned in subsection (2)(d) if--

(a) the person has applied for cancellation of the relevant enforcement order and the application for cancellation has not been finally decided; or

(b) 28 days have not elapsed since the date of the enforcement order.