Queensland Consolidated Acts

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 74G

74G When disciplinary action takes effect

(1) If the commission decides to take disciplinary action against a person under section 74F , the action takes effect from the later of the following days—

(a) the day that is 29 days after the person is given notice of the decision under section 74F (5) ;

(b) the day stated in the notice of the decision under section 74F (5) .

(2) However, the decision to take the disciplinary action is stayed if—

(a) the disciplinary action relates to any matter other than a matter mentioned in section 74B (1) (j) or 74C (1) (e) ; and

(b) the person applies to the commission to have the decision reviewed under section 86A .

(3) The stay under subsection (2) is only for the period of a proceeding to decide the review.

(4) The person need not comply with the disciplinary action if—

(a) the person applied to the tribunal for a review of the decision under section 87 ; and

(b) the tribunal orders a stay of the decision.

(5) The commission may recover an amount imposed as a penalty, as a debt, from the person on whom the penalty is imposed.

(6) Subsection (7) applies if the decision to take the disciplinary action is stayed under subsection (2) or the tribunal orders a stay of the decision.

(7) The decision to take the disciplinary action is taken not to have taken effect for the duration of the stay.