New South Wales Consolidated Acts

DESIGN AND BUILDING PRACTITIONERS ACT 2020 - SECT 45

45 Determination of applications

(1) The Secretary may grant or refuse an application to be registered as a practitioner.

(2) The Secretary may register a person as a practitioner of a class that the Secretary considers appropriate even if the application is for a different class of registration.

(3) The Secretary must refuse to register a person as a practitioner if--

(a) the application for registration does not comply with this Act, or

(b) the Secretary is of the opinion that the applicant does not have the qualifications, skills, knowledge and experience to carry out the work for which the applicant is seeking registration, or

(c) the Secretary is of the opinion that the person (including, if the person is a body corporate, a director of the body corporate) is not a suitable person to carry out the work for which the applicant is seeking registration, or

(d) the person (including, if the person is a body corporate, a director of the body corporate) is an individual who is under the age of 18 years, or

(e) the person is a mentally incapacitated person, or

(f) the person (including, if the person is a body corporate, a director of the body corporate) is an undischarged bankrupt, or

(g) on a ground prescribed by the regulations for the purposes of this section.

(4) The Secretary is to give the applicant written notice of a decision to grant or refuse registration.

(5) If the Secretary fails to give an applicant for registration notice of a decision to grant or refuse registration within the period prescribed by the regulations, the Secretary is taken to have refused to grant registration.