Queensland Numbered Acts

PLUMBING AND DRAINAGE ACT 2018 - SECT 38

38 Decision on review of licence conditions

(1) After reviewing the conditions of a licence, the commissioner must decide to—

(a) confirm the conditions; or

(b) change the conditions; or

(c) remove the conditions.

(2) In making the decision, the commissioner must consider whether the conditions remain necessary or desirable for the licensee to competently carry out plumbing or drainage work.

(3) The commissioner may confirm or change the conditions only for the reasons the conditions were first imposed.

(4) If the commissioner decides to confirm or change the conditions, the commissioner must as soon as practicable—

(a) also decide the non-review period applying to the confirmed or changed conditions; and

(b) give the licensee an information notice about the decision that also states the non-review period.

Note—

For reviews of the decision, see the Queensland Building and Construction Commission Act 1991 , part 7 , division 3 .

(5) If the commissioner decides to change the conditions, the information notice must also direct the licensee to return the licence to the commissioner within 10 business days after receiving the notice.

(6) If the commissioner decides to remove the conditions, the commissioner must give notice of the decision to the licensee as soon as practicable after making the decision.

(7) The commissioner is taken to confirm the conditions if the commissioner fails to make a decision about the review within 40 business days after—

(a) if the review is started by application of the licensee—receiving the application; or

(b) if the review is started by agreement between the commissioner and the licensee—making the agreement.

(8) However, if the commissioner required the licensee to give the commissioner further information for the review, the commissioner is not taken to confirm the conditions until the end of 40 business days after receiving the information.