Queensland Consolidated Acts

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 49A

49A Immediate suspension of licence

(1) The commission may suspend a licensee’s licence without allowing the licensee time to make written representations before the suspension takes effect if the commission reasonably believes there is a real likelihood that a person will suffer serious financial loss or other serious harm if the licence is not immediately suspended.

(2) The suspension under subsection (1) is imposed by written notice given to the licensee that complies with the QCAT Act , section 157 (2) and—

(a) states that licensee may make written representations for a lifting of the suspension; and

(b) briefly explains how the suspension could lapse under subsection (3) .

(3) The suspension under subsection (1) lapses if—

(a) the commission does not, within 10 days after the licensee is given notice of the suspension, give the licensee notice under section 49 (1) of the commission’s reasons for a proposed cancellation or suspension of the licence under section 48 (a
"section 49 notice" ); or

(b) the commission, within 10 days after the licensee is given notice of the suspension, gives the licensee a section 49 notice, but the licence is not suspended or cancelled under section 48 within 3 months, or a longer period decided under subsections (4) and (5) , after the section 49 notice is given; or

(c) the commission suspends or cancels the licence under section 48 .

(4) The commission may extend the period of 3 months mentioned in subsection (3) (b) , but only if it appears to the commission that, in the circumstances, it is in the interests of the licensee to do so.

(5) The period may be extended more than once, but whenever it is extended, it must not be extended for more than 1 month.