Queensland Consolidated Acts

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 50C

50C Supply of financial records and other documents under approved audit program or for other reason

(1) This section applies to a licensee if—

(a) the licensee is selected to be audited under an approved audit program; or

(b) the commission is satisfied, because of information received by the commission, there are reasonable grounds for concern that—

(i) the licensee does not satisfy the relevant minimum financial requirements; or

(ii) the licensee is not, or has not been, complying with the provision of an Act mentioned in section 50A (1) .

(2) The commission may give a written notice to the licensee requiring the licensee to give the commission copies of, or access to—

(a) the financial records described in the notice; or

(b) the documents described in the notice that relate to the licensee’s obligations under the provision of an Act mentioned in section 50A (1) .

(3) The written notice may describe only—

(a) the financial records of the licensee the commission reasonably requires for deciding whether the licensee satisfies the relevant minimum financial requirements; or

(b) the documents the commission reasonably requires for deciding whether the licensee is, or has been, complying with the provision of an Act mentioned in section 50A (1) .

(4) The licensee must comply with the written notice within 21 days after the licensee receives the written notice, unless the licensee has a reasonable excuse.

Penalty—

Maximum penalty—100 penalty units.

(4A) It is not a reasonable excuse to fail to comply with the written notice that complying with the notice might tend to incriminate the person.

(5) Also, if the licensee does not comply with the written notice within 21 days after the licensee receives it, the licensee is taken, for section 48 (1) (f) , to have contravened a condition imposed under section 36 on the licensee’s licence.

(6) In this section—

"licensee" includes a pool safety inspector under the Building Act 1975 .