Queensland Consolidated Acts

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 58

58 Meaning of permanently excluded individual

(1) A
"permanently excluded individual" is an individual—

(a) who has twice been an excluded individual for a relevant event; and

(b) who for each relevant event has been given written notice by the commission stating—

(i) particulars identifying the relevant event; and

(ii) why the commission considers the individual is an excluded individual for the relevant event.

(2) Notice under subsection (1) (b) —

(a) must be given while the individual is an excluded individual for the relevant event to which the notice relates; and

(b) if the notice is the second or a subsequent notice the individual has been given about being an excluded individual for a relevant event—

(i) must state the effect of the individual becoming a permanently excluded individual including, if the individual is not a licensee, the effect of section 61A ; and

(ii) may be given at any time after an earlier notice was given; and

(c) if the individual is not a licensee—must be a show cause notice under section 56AJ .

(3) An excluded individual who is a licensee is taken to have been given notice under subsection (1) (b) if—

(a) the individual has been given notice under section 56AF (2) ; and

(b) for a second or subsequent notice, the notice also includes the information required under subsection (2) (b) (i) .

(4) A second or subsequent notice may be given for a relevant event whether the event happened before or after another event for which the commission has already given notice under subsection (1) (b) .

(5) However, subsection (1) applies only if an individual became an excluded individual for at least one of the relevant events after the commencement of this section, irrespective of when the circumstances resulting in the relevant event arose.

(6) If a second or subsequent notice does not include the information required under subsection (2) (b) (i) another notice containing the information may be given.

(7) It is declared that in deciding whether 2 relevant events as mentioned in subsection (1) have happened, a relevant event must be counted—

(a) whether the relevant event happened before or after the other relevant event; and

(b) whether or not the notices under subsection (1) (b) for the relevant events were given in the order the relevant events happened; and

(c) regardless of the length of time between the giving of the notices under subsection (1) (b) for the relevant events; and

(d) whether the relevant event happened before or after the commencement of this section, subject to subsection (5) .

Example for subsection (2)(a)—

The commission gives a licensee a notice under this section for a relevant event for which the licensee is currently an excluded individual. The commission later discovers that the licensee was, before the grant of the licensee’s licence, an excluded individual for a previous relevant event. However, the licensee is not currently an excluded individual for this relevant event because 5 years have elapsed since the event happened. It may not give the licensee a notice for this event.

Example for subsection (7)(a), (b) and (d)—

The commission gives a licensee a notice under this section for a relevant event that happened after the commencement of this section. It later discovers that the licensee is an excluded individual for another relevant event that happened before the grant of the licensee’s licence and before the commencement of this section. It may give the licensee a notice for this relevant event. Also, it is the later notice, about the earlier relevant event, that must state the effect of the individual becoming a permanently excluded individual.

Examples for subsection (7)(c)—

1 The commission becomes aware that a person who is an applicant for a contractor’s licence is currently an excluded individual for 2 relevant events one of which happened after the commencement of this section. The commission may give the person a notice for one of the relevant events and immediately give a notice for the other relevant event. Also, it is the later notice that must state the effect of the individual becoming a permanently excluded individual.

2 A licensee becomes an excluded individual for a relevant event. The individual’s licence is cancelled under section 56AF and the individual is given notice complying with this section for the relevant event. More than 5 years later the licensee applies for and is granted a contractor’s licence. Ten years after this, the licensee becomes an excluded individual for another relevant event. The commission gives a notice complying with this section for the latest relevant event. This notice includes the information required for a second or subsequent notice under subsection (2) (b) (i) and the individual becomes a permanently excluded individual.