BUILDING WORK CONTRACTORS ACT 1995 - SECT 19B
BUILDING WORK CONTRACTORS ACT 1995 - SECT 19B
19B—Commissioner may cancel, suspend or impose conditions on licence or
registration
(1) If the
Commissioner is satisfied that events have occurred such that—
(a) a
licensed building work contractor would not be entitled to be so licensed if
the person were to apply for the licence; or
(b) a
registered building work supervisor would not be entitled to be so registered
if the person were to apply for registration,
the Commissioner may, by notice served on the person—
(c)
cancel the licence or registration; or
(d)
suspend the licence or registration for a specified period or until the
fulfilment of stipulated conditions; or
(e)
impose conditions on the licence or registration.
(2) If, during the
suspension of a licence or registration under this section, the Commissioner
is satisfied that the facts and circumstances that gave rise to the suspension
have altered, the Commissioner may, by further notice specifying the date of
termination, terminate the suspension and restore the licence or registration
to the person (either in the form in which it existed prior to the suspension
or subject to new conditions).
(3) A person whose
licence or registration is cancelled, suspended or made subject to conditions
under this section may apply to the Tribunal under section 34 of the
South Australian Civil and Administrative Tribunal Act 2013 for review
of the decision of the Commissioner to cancel or suspend the licence or
registration or to impose the conditions.
(4) Subject to
subsection (6), an application for review must be made within
1 month of the making of the relevant decision of the Commissioner.
(5) The Commissioner
must, if so required by the person whose licence or registration has been
cancelled or suspended or made subject to conditions, state in writing the
reasons for the Commissioner's decision.
(6) If the reasons of
the Commissioner are not given in writing at the time of making the decision
and the person (within 1 month of the making of the decision) requires
the Commissioner to state the reasons in writing, the time for making an
application for review runs from the time at which the person receives the
written statement of those reasons.
(8) This section
applies in relation to conduct occurring before or after the commencement of
this section.