Queensland Consolidated Acts

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 32

32 Entitlement to a nominee supervisor’s licence

(1) An individual is entitled to a nominee supervisor’s licence if the commission is, on application by the individual, satisfied that—

(a) the applicant has the qualifications and experience required by regulation for a licence of the relevant class; and

(b) the applicant can lawfully work in Queensland; and

(c) the applicant is not an excluded individual for a relevant event or a permanently excluded individual; and

(d) the applicant is not a banned individual; and

(e) the applicant is not a disqualified individual; and

(f) the applicant does not have an unpaid judgment debt for an amount the commission may recover under section 71 ; and

(g) the applicant is a fit and proper person to hold the licence.

(2) In deciding whether an applicant is a fit and proper person to hold the licence, the commission may have regard to—

(a) commercial and other dealings in which the applicant has been involved and the standard of honesty and integrity demonstrated in those dealings; and

(b) any failure by the applicant to carry out commercial or statutory obligations and the reasons for the failure; and

(c) tier 1 defective work carried out by the applicant, whether or not the applicant received a notice under section 67AH , 67AI , 67AL or 67AM stating a term of ban for the work; and

(d) if the person is an enforcement debtor under an enforcement order for an infringement notice offence for this Act—whether the person has taken steps under the State Penalties Enforcement Act 1999 to discharge the amount stated in the enforcement order; and

(e) if the person holds or has held an interstate or New Zealand licence—whether the licence has been suspended or cancelled; and

(f) any other relevant factor.

(3) However, the commission may not have regard to the matter mentioned in subsection (2) (d) if—

(a) the person has applied for cancellation of the relevant enforcement order and the application for cancellation has not been finally decided; or

(b) 28 days have not elapsed since the date of the enforcement order.