South Australian Consolidated Acts South Australian Consolidated Acts9—Entitlement to be licensed
(1) A natural person
is entitled to be granted a licence if the person—
(a)
has—
(i)
the qualifications and experience required by regulation
for the kind of work authorised by the licence; or
(ii)
subject to the regulations, qualifications and experience
that the Commissioner considers appropriate having regard to the kind of work
authorised by the licence; and
(b) is
not suspended or disqualified from practising or carrying on an occupation,
trade or business under a law of this State, the Commonwealth, another State
or a Territory of the Commonwealth; and
(c) is
not, and has not been, during the period of 10 years preceding the application
for the licence, an insolvent under administration within the meaning of the
Corporations Act 2001 of the Commonwealth or subject to a composition or
deed or scheme of arrangement with or for the benefit of creditors; and
(d) has
not been, during the period of 10 years preceding the application for the
licence, a director of a body corporate wound up for the benefit of
creditors—
(i)
when the body corporate was being so wound up; or
(ii)
within the period of 12 months preceding the commencement
of the winding up; and
(e) has
sufficient business knowledge and experience and financial resources for the
purpose of properly carrying on the business authorised by the licence; and
(f) is a
fit and proper person to be the holder of a licence.
(2) A body corporate
is entitled to be granted a licence if—
(a) the
body corporate—
(i)
is not suspended or disqualified from practising or
carrying on an occupation, trade or business under a law of this State, the
Commonwealth, another State or a Territory of the Commonwealth; and
(ii)
is not being wound up and is not under official
management or in receivership; and
(b) no
director of the body corporate—
(i)
is suspended or disqualified from practising or carrying
on an occupation, trade or business under a law of this State, the
Commonwealth, another State or a Territory of the Commonwealth; or
(ii)
is, or has been, during the period of 10 years preceding
the application for the licence, an insolvent under administration within the
meaning of the Corporations Act 2001 of the Commonwealth or subject to a
composition or deed or scheme of arrangement with or for the benefit of
creditors; or
(iii)
has been, during the period of 10 years preceding the
application for the licence, a director of a body corporate wound up for the
benefit of creditors—
(A) when the body corporate was being so
wound up; or
(B) within the period of 12 months
preceding the commencement of the winding up; and
(c) the
directors of the body corporate together have sufficient business knowledge
and experience for the purpose of properly directing the business authorised
by the licence; and
(d) the
body corporate has sufficient financial resources for the purpose of properly
carrying on the business authorised by the licence; and
(e) each
director of the body corporate is a fit and proper person to be the director
of a body corporate that is the holder of a licence.
(3) If, on an
application for a licence, the Commissioner—
(a) is
not satisfied that the applicant meets requirements as to qualifications,
business knowledge, experience or financial resources; but
(b) is
satisfied that the applicant proposes to carry on business as a
building work contractor in partnership with a person who does meet those
requirements,
the Commissioner may, subject to the other provisions of this section, grant a
licence to the applicant subject to the condition that the applicant not carry
on business under the licence except in partnership with that person or some
other person approved by the Commissioner.