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QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 67AJ
Notice by commission to director, secretary, influential person or nominee about tier 1 defective work
67AJ Notice by commission to director, secretary, influential person or
nominee about tier 1 defective work
(1) This section applies if the commission considers that a company has
carried out tier 1 defective work after the commencement of this section.
(2)
The commission may give an individual who was a director or secretary of, or
an influential person or nominee for, the company at the time the work was
carried out, a written notice stating— (a) details of the tier 1 defective
work; and
(b) the effect of the director, secretary, influential person or
nominee becoming a banned individual for the tier 1 defective work; and
(c)
an invitation to the director, secretary, influential person or nominee to
make written submissions, within a stated period, to satisfy the commission
that— (i) the company did not carry out the work stated in the notice; or
(ii) the work carried out by the company was not tier 1 defective work; or
(iii) the director, secretary, influential person or nominee exercised
reasonable diligence to ensure that the work carried out was not defective; or
(iv) the director, secretary, influential person or nominee was not in a
position to influence the conduct of the company’s affairs in relation to
the defective work.
(3) The stated period must be at least 28 days after the
written notice is given to the director, secretary, influential person or
nominee.
(4) The commission must consider any submissions made by the
director, secretary, influential person or nominee.
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