BUILDING ACT 1993 - SECT 221ZD Renewal of licence or registration
BUILDING ACT 1993 - SECT 221ZD
Renewal of licence or registrationS. 221ZD(1) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 59).
(1) The Authority must renew the licence or registration of a person to carry out a particular class of plumbing work or specialised plumbing work or to carry out a particular type of plumbing work if the person applies for the renewal in accordance with section 221ZB.
S. 221ZD(2) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 59).
(2) However, the Authority may refuse to renew the licence or registration of a person who has, since he or she was last licensed or registered by the Authority—
(a) been convicted of any offence involving fraud, dishonesty, drug trafficking or violence that was punishable by imprisonment for 6 months or more; or
(b) been convicted of an offence under any law regulating plumbing work or specialised plumbing work; or
(c) had his or her authorisation to carry out plumbing work or specialised plumbing work suspended or cancelled for any reason other than his or her failure to renew that authorisation; or
(d) become an insolvent under administration; or
S. 221ZD(2)(e) amended by No. 17/1999 s. 22(6), substituted by No. 72/2010 s. 48(Sch. item 2(4)).
(e) has been convicted of an offence against—
(i) section 12, 16, 17, 18, 20 or 22 of the Fair Trading Act 1985 ; or
(ii) section 10, 11, 12, 17, 19 or 21 of the Fair Trading Act 1999 ; or
(iii) section 53, 55, 55A, 56, 58 or 60 of the Trade Practices Act 1974 of the Commonwealth; or
S. 221ZD(2)
(e)(iv) amended by No. 21/2012
s. 239(Sch. 6 item 5.4).
(iv) section 29, 33, 34, 35, 36, 50, 151, 157, 158 or 168 of the Australian Consumer Law (Victoria);
S. 221ZD(2)
(e)(v) inserted by No. 21/2012
s. 239(Sch. 6 item 5.5).
(v) section 29, 33, 34, 35, 36, 50, 151, 157, 158 or 168 of Schedule 2 to the Competition and Consumer Act 2010 of the Commonwealth.
S. 221ZD(2A)
inserted by No. 46/2018 s. 59.
(2A) Despite subsection (1), the Authority may refuse to renew the licence or the registration of a person if the Authority is satisfied that the person has not complied with any prescribed continuing professional development requirements.
S. 221ZD(3) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 59).
(3) Despite subsection (1), the Authority must refuse to renew the licence or registration of a person who is for the time being disqualified by an order of any regulatory body from acting as a licensed or registered plumber (or an equivalent occupation under the jurisdiction of the regulatory body).
(4) Subsections (2) and (3) apply regardless of where the conviction, suspension, cancellation, insolvency or disqualification occurred.
S. 221ZD(5) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 59).
(5) Despite subsection (1), before renewing the licence or registration of a person, the Authority may require the person to pass to its satisfaction any examination specified by the Authority that relates to his or her competency to carry out the class of plumbing work or specialised plumbing work in respect of which he or she is licensed or registered.
S. 221ZD(6) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 59).
(6) However, the Authority may only require a person to pass such an examination if it imposes the same requirement on every member of a specified class of people applying for the renewal of their licences or registrations, and the person is a member of that class.
S. 221ZD(7) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 59).
(7) On receiving the relevant renewal fee set out in the regulations, the Registrar must give each person whose licence or registration has been renewed by the Authority proof in writing of that fact.
S. 221ZE (Heading) inserted by No. 34/2013 s. 34(Sch. 1 item 60).
S. 221ZE inserted by No. 39/1996 s. 5.