Queensland Consolidated Acts

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 74B

74B Proper grounds for taking disciplinary action against a licensee and former licensees

(1) Proper grounds exist for taking disciplinary action against a licensee or former licensee if—

(a) the licensee contravenes an offence provision of, or a requirement imposed under, this Act, the Building Act 1975 or the Building Industry Fairness (Security of Payment) Act 2017 ; or

(b) the licensee is convicted of an indictable offence; or

(c) if the licensee is a corporation—a director or secretary of, or an influential person for, the company is not a fit and proper person to exercise control or influence of the company’s affairs; or

(d) the licensee is carrying on business under the licence in partnership with a person who is not a fit and proper person to have an interest in the business; or

(e) the licensee is bankrupt or insolvent; or

(f) the licensee has committed an offence involving fraud or dishonesty relating to the business carried on under the licence; or

(g) the licensee knowingly helps a person to carry out building work in contravention of this Act; or

(h) the licensee contravenes or is taken to have contravened a relevant Act in relation to building work carried out under the licence; or

(ha) building or other work on a building site under the licensee’s control may have—

(i) caused the death of, or grievous bodily harm to, a person; or

(ii) involved a serious risk to the health or safety of a person; or

(i) the licensee is negligent or incompetent in carrying out building work under the licence; or

(j) the licensee fails to comply with—

(i) a direction of the commission to rectify building work that is defective or incomplete, or to remedy consequential damage; or

(ii) a direction given by the commission under section 74AN ; or

(k) the licensee contravenes a condition of the licence; or

(l) the licensee owes an amount to the commission and fails to comply with a demand by the commission to pay the amount; or

(m) the licensee fails to comply with an order of the tribunal; or

(n) the licensee fails to pay a subcontractor in compliance with a building contract that is a subcontract under section 67D ; or

(r) the licensee contravenes section 67NC .

(2) However, proper grounds exist for taking disciplinary action against a former licensee only if the former licensee was a licensee at the time the grounds first existed.

(3) In this section—

"former licensee" means a person who was a licensee.

"grievous bodily harm" see the Criminal Code , section 1 .

"offence provision" means a provision creating an offence or civil penalty.

"relevant Act" means—

(a) the Fair Trading Act 1989 ; or

Note—

The Australian Consumer Law (Queensland) forms part of the Fair Trading Act 1989 .

(b) the Plumbing and Drainage Act 2018 ; or

(c) the Work Health and Safety Act 2011 ; or

(d) the Electrical Safety Act 2002 ; or

(e) the Public Health Act 2005 ; or

(f) another Act prescribed by regulation.