South Australian Numbered Acts South Australian Numbered ActsPart 3A—delete Part 3A and substitute:
Part 3A—Suspension or variation of licence or registration in urgent circumstances
19A—Commissioner may suspend or impose conditions on licence or registration in urgent circumstances
(1) If the Commissioner is of the opinion that—
(a) there are reasonable grounds to believe that a licensed building work contractor or registered building work supervisor has engaged or is engaging in conduct that constitutes grounds for disciplinary action under Part 4; and
(b) it is likely that the contractor or supervisor will continue to engage in that conduct; and
(c) there is a danger that a person or persons may suffer significant harm, or significant loss or damage, as a result of the conduct unless action is taken urgently,
the Commissioner may, by notice served on the contractor or supervisor—
(d) suspend the licence or registration for a specified period (not exceeding 6 months) or until the fulfilment of stipulated conditions; or
(e) impose conditions on the licence or registration.
(2) If the Commissioner (on his or her own motion or on an application under section 7 or 13) is satisfied that the facts and circumstances that gave rise to the imposition of conditions on a licence or registration under this section have so altered that the imposition of the conditions is no longer necessary, the Commissioner must, by further notice specifying the date of termination, terminate the imposition of the conditions.
(3) If, during the suspension of a licence or registration under this section, the Commissioner is satisfied that the facts and circumstances that gave rise to the suspension have so altered that the suspension should be terminated, the Commissioner must, by further notice specifying the date of termination, terminate the suspension without delay and restore the licence or registration to the person (either in the form in which it existed prior to the suspension or subject to new conditions).
(4) A person whose licence or registration is suspended or made subject to conditions under this section may appeal to the District Court against the decision of the Commissioner to suspend the licence or registration or to impose the conditions.
(5) Subject to subsection (7), an appeal must be instituted within 1 month of the making of the decision appealed against.
(6) The Commissioner must, if so required by the appellant, state in writing the reasons for the Commissioner's decision.
(7) If the reasons of the Commissioner are not given in writing at the time of making the decision and the appellant (within 1 month of the making of the decision) requires the Commissioner to state the reasons in writing, the time for instituting an appeal runs from the time at which the appellant receives the written statement of those reasons.
(8) The District Court must hear and determine an appeal under this section as expeditiously as possible.
(9) This section applies in relation to conduct occurring before or after the commencement of this section.
Part 3B—Cancellation, suspension or variation of licence or registration
19B—Commissioner may cancel, suspend or impose conditions on licence or registration
(1) If the Commissioner is satisfied that events have occurred such that—
(a) a licensed building work contractor would not be entitled to be so licensed if the person were to apply for the licence; or
(b) a registered building work supervisor would not be entitled to be so registered if the person were to apply for registration,
the Commissioner may, by notice served on the person—
(c) cancel the licence or registration; or
(d) suspend the licence or registration for a specified period or until the fulfilment of stipulated conditions; or
(e) impose conditions on the licence or registration.
(2) If, during the suspension of a licence or registration under this section, the Commissioner is satisfied that the facts and circumstances that gave rise to the suspension have altered, the Commissioner may, by further notice specifying the date of termination, terminate the suspension and restore the licence or registration to the person (either in the form in which it existed prior to the suspension or subject to new conditions).
(3) A person whose licence or registration is cancelled, suspended or made subject to conditions under this section may appeal to the District Court against the decision of the Commissioner to cancel or suspend the licence or registration or to impose the conditions.
(4) Subject to subsection (6), an appeal must be instituted within 1 month of the making of the decision appealed against.
(5) The Commissioner must, if so required by the appellant, state in writing the reasons for the Commissioner's decision.
(6) If the reasons of the Commissioner are not given in writing at the time of making the decision and the appellant (within 1 month of the making of the decision) requires the Commissioner to state the reasons in writing, the time for instituting an appeal runs from the time at which the appellant receives the written statement of those reasons.
(7) The District Court must hear and determine an appeal under this section as expeditiously as possible.
(8) This section applies in relation to conduct occurring before or after the commencement of this section.