AustLII Tasmanian Numbered Acts

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BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 2009 (NO. 86 OF 2009) - SECT 31

Division 2 - Nominating authorities Nominating authorities

(1)  A person may apply to the Security of Payments Official to be authorised to be a nominating authority.
(2)  The Security of Payments Official may, if he or she receives an application under subsection (1) , authorise to be a nominating authority a person specified in the application.
(3)  A person who is authorised to be a nominating authority is so authorised for a period of 3 years from the date of the authorisation, but may be reauthorised.
(4)  The Security of Payments Official may, by notice in writing to a person authorised to be a nominating authority –
(a) impose a condition on the authorisation; or
(b) vary a condition imposed on the authorisation; or
(c) revoke a condition imposed on the authorisation.
(5)  The Security of Payments Official may only –
(a) impose a condition on the authorisation of a person to be a nominating authority; or
(b) vary a condition imposed on the authorisation of a person to be a nominating authority –
if  –
(c) at least 14 days before, a notice has been served on the person inviting the person to show cause why the condition ought not be imposed or so varied; and
(d) the person has, for a period of at least 14 days from the date on which the notice under paragraph (c) was given, been given the opportunity to show cause why the condition ought not be imposed or so varied; and
(e) the Security of Payments Official has considered any reasons provided to him or her by the person as to why the condition ought not be imposed or so varied.
(6)  The Security of Payments Official may –
(a) specify a maximum number of persons who may be authorised to be nominating authorities; and
(b) refuse to authorise a person to be a nominating authority if the maximum number of persons have been authorised to be nominating authorities; and
(c) revoke the authorisation of a person to be a nominating authority if the Security of Payments Official is satisfied that the nominating authority –
(i) has failed to comply with a request made to the authority under section 33(1) ; or
(ii) has contravened a condition imposed on the authorisation of the person to be a nominating authority; or
(iii) has otherwise failed to comply with a requirement of this Act.
(7)  A person may apply to the Magistrates Court (Administrative Appeals Division) Act 2001 for a review of a decision by the Security of Payments Official to –
(a) refuse to authorise the person to be a nominating authority; or
(b) impose a condition on the authorisation of the person to be a nominating authority; or
(c) vary a condition imposed on the authorisation of the person to be a nominating authority.



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