Queensland Consolidated Acts

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QUEENSLAND BUILDING SERVICES AUTHORITY ACT 1991 - SECT 37C

37C Renewal fee increased if directions given

(1) This section applies if a licensee--

(a) applies for renewal of the licensee's licence; and
(b) has been given a direction or directions under section 72--
(i) for a licence that has been previously renewed, since the previous renewal day; or
(ii) for a licence that has not previously been renewed, since the issue of the licence.

(2) The amount of the renewal fee payable by the licensee is increased by an amount equivalent to the value of a penalty unit for each direction given to the licensee.

(3) However, the maximum amount by which the renewal fee may be increased at a renewal day is an amount equivalent to the value of 10 penalty units.

(4) Subsection (2) does not apply if the licensee has started a proceeding in the tribunal for review of the authority's direction under section 72(15) and either--

(a) the licensee has not withdrawn the proceeding and the proceeding or any appeal from the proceeding has not been decided; or
(b) the tribunal has decided that none of the items listed in the direction needed rectification.

(5) Subsection (6) applies if--

(a) a licensee is given a direction or directions before the renewal day for the licensee's licence; and
(b) the licensee starts a proceeding for review of the authority's direction under section 72(15); and
(c) either--
(i) the licensee withdraws the proceeding after the renewal day for the licensee's licence; or
(ii) the proceeding is decided after the renewal day for the licensee's licence and the decision is that 1 or more of the items listed on the direction needed rectification.

(6) The amount of the next renewal fee payable by the licensee is increased by an amount equivalent to the value of a penalty unit for each direction given to the licensee.

(7) Subsection (8) applies if--

(a) a direction to rectify building work is given to a licensee before the renewal day for the licensee's licence; and
(b) the period for rectification stated in the direction expires after the renewal day for the licensee's licence; and
(c) the licensee has not rectified the work before the renewal day for the licensee's licence.

(8) For the purposes of this section, the direction is taken to have been given after the renewal day for the licensee's licence.



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