Queensland Consolidated Acts

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 67AO

67AO Terms of bans

(1) This section states the term for which an individual given a notice under section 67AH , 67AI , 67AL or 67AM is taken not to be a fit and proper person for part 3 , division 2 (the
"term of ban" ).

(2) Only tier 1 defective work carried out after the commencement of this section may be taken into account in calculating the term of ban.

(3) The term of ban for an individual given a notice for tier 1 defective work for the first time is 3 years.

(4) The term of ban for an individual given a notice for tier 1 defective work a second time or subsequent time is the life of the individual.

(5) A notice may be given to an individual a second time or subsequent time under section 67AH , 67AI , 67AL or 67AM if—

(a) a notice for tier 1 defective work has been given under one of the sections stating a ban of 3 years; and

(b) the second or subsequent notice relates to tier 1 defective work carried out after the notice stating a ban of 3 years is given.

(6) It is declared that, in deciding whether a notice for tier 1 defective work has been given to an individual a second time or subsequent time, a notice given to an individual for the first time under section 67AH , 67AI , 67AL or 67AM stating a ban of 3 years must be counted whether or not the individual has served the term of the ban.

Example for subsections (5) and (6)—

An individual who is a licensee is given a notice under section 67AH for tier 1 defective work carried out by the individual. The notice informs the individual that the individual is taken not to be a fit and proper person for part 3 , division 2 for 3 years. After the notice under section 67AH is given, the individual carries out other tier 1 defective work. The commission may give the individual a second notice under section 67AH for the other tier 1 defective work whether or not the 3 years have passed. Also, it is the second notice under section 67AH that informs the individual that the individual is taken not to be a fit and proper person for part 3 , division 2 for the life of the individual.

(7) However, in deciding whether a notice for tier 1 defective work is given to an individual a second time or subsequent time, an earlier notice given to an individual under section 67AH , 67AI , 67AL or 67AM must not be counted if—

(a) the earlier notice was given more than 10 years before the second or subsequent notice; or

(b) the commission’s decision under the earlier notice was reversed or annulled on review by the tribunal.

(8) In this section a reference to tier 1 defective work carried out is—

(a) for an individual given notice under section 67AH (3) or 67AI (3) —a reference to tier 1 defective work carried out by the individual; or

(b) for an individual given notice under section 67AL (3) or 67AM (3) —a reference to tier 1 defective work carried out by the company for which the individual was a director, secretary, influential person or nominee.