Queensland Consolidated Acts

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 67AZM

67AZM Terms of disqualifications

(1) This section states the term for which an individual given a notice under section 67AZF , 67AZJ or 67AZK is taken not to be a fit and proper person for part 3 , division 2 (the
"term of disqualification" ).

(2) Only demerit points accumulated after the commencement of this section may be taken into account in calculating the term of disqualification.

(3) The term of disqualification for an individual given a notice for accumulating 30 demerit points in a period of 3 years for the first time is 3 years.

(4) The term of disqualification for an individual given a notice for accumulating 30 demerit points in a period of 3 years 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 67AZF , 67AZJ or 67AZK if—

(a) a notice for accumulating 30 demerit points in a period of 3 years has been given under one of the sections stating a disqualification of 3 years; and

(b) the second or subsequent notice relates to 30 demerit points accumulated in a period of 3 years after the notice stating a disqualification of 3 years is given.

(6) It is declared that, in deciding whether a notice for accumulating 30 demerit points in a period of 3 years has been given to an individual a second time or subsequent time, a notice given to an individual for the first time under section 67AZF , 67AZJ or 67AZK stating a disqualification of 3 years must be counted whether or not the individual has served the term of the disqualification.

Example for subsections (5) and (6)—

An individual who is a licensee is given a notice under section 67AZF for accumulating 30 demerit points in a period of 3 years. 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 67AZF is given, the individual accumulates a further 30 demerit points in a period of 3 years that may include part of the term of disqualification. The commission may give the individual a second notice under section 67AZF for the further 30 demerit points whether or not the term of disqualification has ended. Also, it is the second notice under section 67AZF 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 accumulating 30 demerit points in a period of 3 years is given to an individual a second time or subsequent time, an earlier notice given to an individual under section 67AZF , 67AZJ or 67AZK 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 accumulating 30 demerit points in a period of 3 years is—

(a) for an individual given notice under section 67AZF (3) —a reference to the individual accumulating 30 demerit points in a period of 3 years; or

(b) for an individual given notice under section 67AZJ (3) or 67AZK (3) —a reference to the company for which the individual was a director, secretary, influential person or nominee accumulating 30 demerit points in a period of 3 years.