South Australian Numbered Acts South Australian Numbered Acts7—Amendment of section 9—Entitlement to be licensed
(1) Section 9(1)(c) and (d)—delete paragraphs (c) and (d) and substitute:
(c) subject to subsection (1a)—
(i) is not, and has not been, during the period of 2 years preceding the application for the licence, an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth or subject to a composition or deed or scheme of arrangement with or for the benefit of creditors; and
(ii) has not been, during the period of 5 years preceding the application for the licence, a director of a body corporate wound up for the benefit of creditors—
(A) when the body corporate was being so wound up; or
(B) within the period of 12 months preceding the commencement of the winding up; and
(2) Section 9—after subsection (1) insert:
(1a) A natural person referred to in subsection (1)(c) may be granted a licence subject to conditions limiting the work that may be performed under the authority of the licence—
(a) if he or she is only a person referred to in subsection (1)(c) because he or she has previously been an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth or subject to a composition or deed or scheme of arrangement with or for the benefit of creditors—to carrying out a specified trade or trades (or a specified trade or trades in specified circumstances or subject to specified limitations); or
(b) in any case—to work as a subcontractor.
(3) Section 9(2)(b)(ii) and (iii)—delete subparagraphs (ii) and (iii) and substitute:
(ii) subject to subsection (2a)—
(A) is, or has been, during the period of 2 years preceding the application for the licence, an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth or subject to a composition or deed or scheme of arrangement with or for the benefit of creditors; or
(B) has been, during the period of 5 years preceding the application for the licence, a director of a body corporate wound up for the benefit of creditors—
• when the body corporate was being so wound up; or
• within the period of 12 months preceding the commencement of the winding up; and
(4) Section 9—after subsection (2) insert:
(2a) A body corporate with a director referred to in subsection (2)(b)(ii) may be granted a licence subject to conditions limiting the work that may be performed under the authority of the licence—
(a) if the director is only a person referred to in subsection (2)(b)(ii) because he or she has previously been an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth or subject to a composition or deed or scheme of arrangement with or for the benefit of creditors—to carrying out a specified trade or trades (or a specified trade or trades in specified circumstances or subject to specified limitations); or
(b) in any case—to work as a subcontractor.