Queensland Consolidated Acts

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 67AZJ

67AZJ Notice of cancellation and that not a fit and proper person to director, secretary, influential person or nominee who is a licensee

(1) For a director, secretary, influential person or nominee who is a licensee, subsection (3) applies if, after considering the submissions made by the director, secretary, influential person or nominee for the notice under section 67AZH (2) , the commission—

(a) still considers that the company has accumulated 30 demerit points in a period of 3 years; and

(b) is not satisfied, in relation to demerit matters for which at least 30 demerit points accumulated—

(i) that the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs; or

(ii) that the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the demerit matters did not happen.

(2) Subsection (3) also applies if there are no submissions for the notice under section 67AZH (2) .

(3) The commission must, by written notice given to the director, secretary, influential person or nominee—

(a) inform the director, secretary, influential person or nominee that the commission—

(i) still considers that the company has accumulated 30 demerit points in a period of 3 years; and

(ii) is not satisfied, in relation to demerit matters for which at least 30 demerit points accumulated—

(A) that the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs; or

(B) that the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the demerit matters did not happen; and

(b) cancel the director’s, secretary’s, influential person’s or nominee’s licence; and

(c) inform the director, secretary, influential person or nominee—

(i) that the director, secretary, influential person or nominee is taken not to be a fit and proper person for part 3 , division 2 , for the term calculated under section 67AZM and stated in the notice; and

(ii) of the director’s, secretary’s, influential person’s or nominee’s right to apply to the tribunal for a review of the commission’s decision; and

(iii) how, and the period within which, the director, secretary, influential person or nominee may apply to the tribunal for the review; and

(iv) any right the director, secretary, influential person or nominee has to have the operation of the commission’s decision stayed by the tribunal.

Note—

A director, secretary, influential person or nominee who is given notice that they are taken not to be a fit and proper person (a
"disqualified individual" ) for a stated term may have the commission’s decision reviewed under section 86 (1) (p) .

(4) A director, secretary, influential person or nominee given notice under subsection (3) is taken not to be a fit and proper person for part 3 , division 2 as stated in the notice.

(5) Section 49 does not apply to a cancellation under subsection (3) .