Queensland Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]
QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 44B
Criteria for granting application for permit
44B Criteria for granting application for permit
(1) The commission may grant the application only if the commission is
satisfied— (a) that the applicant, or each applicant, is the owner of the
land; and
(b) that an applicant, or a director of a company that is an
applicant, has successfully completed an owner-builder course; and
(c) if the
applicant, or any of the applicants, is an individual, that none of the
following has been issued with a permit in the 6 years preceding the
application— (i) the applicant, or any of the applicants;
(ii) a company
for which an applicant who is an individual is or was a director; and
(d) if
the applicant, or any of the applicants, is a company, that none of the
following has been issued with a permit in the 6 years preceding the
application— (i) the applicant, or any of the applicants;
(ii) an
individual who is or was a director of the company; and
(e) if the applicant,
or any of the applicants, is an individual, that none of the following has had
an owner-builder permit cancelled in the 3 years preceding the application—
(i) the applicant, or any of the applicants;
(ii) a company for which an
applicant who is an individual is or was a director; and
(f) if the
applicant, or any of the applicants, is a company, that none of the following
has had an owner-builder permit cancelled in the 3 years preceding the
application— (i) the applicant, or any of the applicants;
(ii) an
individual who is or was a director of the company; and
(g) none of the
applicants is a banned individual; and
(h) if an applicant is a company, that
none of the directors of the company is a banned individual; and
(i) each
applicant is a fit and proper person to hold a permit.
(2) In deciding
whether an applicant is a fit and proper person, the commission may have
regard only to— (a) tier 1 defective work carried out by the following
persons, whether or not the person received a notice under section 67AH , 67AI
, 67AL or 67AM stating a term of ban for the work— (i) the applicant;
(ii)
if the applicant is a company, a director of the applicant; and
(b) if the
applicant, or a director of the applicant, is an enforcement debtor under an
enforcement order for an infringement notice offence for this Act—whether
the applicant or director has taken steps under the
State Penalties Enforcement Act 1999 to discharge the amount stated in the
enforcement order.
(3) However, the commission may not have regard to the
matter mentioned in subsection (2) (b) if— (a) the applicant or director 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.
(4) Despite subsection (1)
(c) and (d) , the commission may grant an application if— (a) a regulation
prescribes exceptional circumstances in which the commission may grant an
application even though a previous permit has been issued in the 6 years
preceding the application; and
(b) the commission considers the applicant is
able to show the exceptional circumstances.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback