Queensland Consolidated Acts

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 67AX

67AX When demerit points allocated for demerit offences

(1) The commission must allocate demerit points to a person for a conviction for a demerit offence as soon as practicable after the points take effect.

(2) Demerit points for a conviction for a demerit offence take effect—

(a) if a court finds a person guilty—on the day after the last day on which the person may appeal the finding; or

(b) if a court accepts a person’s plea of guilty—on the day the plea is accepted; or

(c) if a person pays the fine under an infringement notice, in full—on the day the fine is paid; or

(d) if a person applies to the administering authority to pay the fine under an infringement notice, by instalments—on the day the administering authority receives the first instalment; or

(e) if the administering authority gives a default certificate to SPER for registration—on the day the default certificate is registered; or

(f) if the commission decides to take disciplinary action against the person—on the day the disciplinary action takes effect under section 74G .

(3) However, if a conviction for a demerit offence is appealed, demerit points for the conviction must not be allocated until the appeal is finally dealt with or withdrawn.

(4) Also, if a conviction for a demerit offence is appealed and after the appeal there is no conviction, demerit points stop having effect.

(5) In this section—

"appeal" includes a review of a decision of the commission by the tribunal under section 86 .