BUILDING WORK CONTRACTORS ACT 1995 - SECT 25
BUILDING WORK CONTRACTORS ACT 1995 - SECT 25
(1) On the hearing of
a complaint, the Tribunal may, if it is satisfied on the balance of
probabilities that there is proper cause for taking disciplinary action
against the person to whom the complaint relates, by an order or orders do one
or more of the following:
(a)
reprimand the person;
(b)
impose a fine not exceeding $20 000 on the person;
(c) in
the case of a person who is licensed as a building work contractor or
registered as a building work supervisor—
(i)
impose conditions or further conditions on the licence or
registration;
(ii)
suspend the licence or registration for a specified
period or until the fulfilment of stipulated conditions or until further
order;
(iii)
cancel the licence or registration;
(d)
disqualify the person from being licensed or registered under this Act;
(e)
prohibit the person from being employed or otherwise engaged in the business
of a building work contractor;
(f)
prohibit the person from being a director of a body corporate that is a
building work contractor;
(g)
prohibit the person from carrying on business as a building consultant;
(h)
prohibit the person from being employed or otherwise engaged in the business
of a building consultant;
(i)
prohibit the person from being a director of a body
corporate that is a building consultant.
(2) The Tribunal
may—
(a)
stipulate that a disqualification or prohibition is to apply—
(i)
permanently; or
(ii)
for a specified period; or
(iii)
until the fulfilment of stipulated conditions; or
(iv)
until further order;
(b)
stipulate that an order relating to a person is to have effect at a specified
future time.
(3) If—
(a) a
person has been found guilty of an offence; and
(b) the
circumstances of the offence form, in whole or in part, the subject matter of
the complaint,
the person is not liable to a fine under this section in respect of conduct
giving rise to the offence.