Australian Capital Territory Numbered Acts

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PROFESSIONAL ENGINEERS ACT 2023 (NO. 8 OF 2023) - SECT 15

Meaning of suitability information—pt 4

For this part, "suitability information", about an individual, means the following information about the individual:

        (a)     any conviction or finding of guilt for an offence—

              (i)     that is an indictable offence under a law of the ACT or the Commonwealth; or

              (ii)     for an offence committed outside the ACT—that would be an indictable offence against a law of the ACT if committed in the ACT; or

              (iii)     under a relevant law;

Note     A conviction does not include a spent conviction or an extinguished conviction (see Spent Convictions Act 2000

, s 16 (c) (i) and s 19H (1) (c) (i)).

        (b)     any civil proceeding against the individual in a court or tribunal of the ACT, the Commonwealth, a State or the Northern Territory that relates to—

              (i)     the individual's carrying out of a professional engineering service; or

              (ii)     the individual's undertaking of an activity related to a professional engineering service; or

              (iii)     a registration under this Act or a relevant law;

        (c)     any noncompliance with this Act;

        (d)     any noncompliance with an order made by a court or tribunal under a relevant law;

        (e)     any refusal of an application for registration (however described) under this Act or a relevant law;

        (f)     any regulatory action (however described) taken, or proposed to be taken, under this Act or a relevant law;

        (g)     if the individual's registration under this Act or a relevant law has been suspended or cancelled as a result of regulatory action (however described)—the reason for the suspension or cancellation;

        (h)     any noncompliance with a requirement imposed on the individual as a result of regulatory action (however described) under this Act or a relevant law;

              (i)     whether the individual is or has been bankrupt or personally insolvent;

        (j)     whether a corporation has been placed into administration, receivership or liquidation when the individual was an executive officer of the corporation;

        (k)     anything else prescribed by regulation.



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