Queensland Consolidated Acts

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 111C

111C Liability of directors for amounts

(1) This section applies if—

(a) a company is convicted of an offence against a provision of this Act; and

(b) a penalty for the offence is imposed on the company; and

(c) the amount of the penalty is not paid within the time required for its payment.

(2) This section also applies if—

(a) a penalty is imposed on a company as the outcome of disciplinary action taken against the company; and

(b) the disciplinary action takes effect under section 74G ; and

(c) the amount of the penalty is not paid within the time required for its payment.

(3) This section also applies if a company owes the commission an amount because of a payment made by the commission on a claim under the insurance scheme.

(4) If this section applies because of subsection (1) , the liability to pay the penalty attaches to—

(a) each individual who was a director of the company when the offence was committed; and

(b) each individual who is a director of the company when the penalty is imposed.

(5) If this section applies because of subsection (2) , the liability to pay the penalty attaches to—

(a) each individual who was a director of the company when the act or omission happened giving rise to the finding of the tribunal; and

(b) each individual who is a director of the company when the penalty is imposed.

(6) If this section applies because of subsection (3) , the liability to pay the amount attaches to—

(a) each individual who was a director of the company when building work the subject of the claim was, or was to have been, carried out; and

(b) each individual who was a director of the company when the payment was made by the commission.

(7) A liability under subsection (4) , (5) or (6) to pay a penalty or an amount applies regardless of the status of the company, including, for example, that the company is being or has been wound up.

(8) If a liability under subsection (4) , (5) or (6) attaches to 2 or more persons, the persons are jointly and severally liable.