Western Australian Repealed Acts Western Australian Repealed ActsThis legislation has been repealed.
(1) In a proceeding
commenced by an allegation under section 12D the State Administrative Tribunal
may cancel or suspend the registration of any builder under this Act because
there is proper cause for disciplinary action —
(a)
where such registration has been obtained by fraud or misrepresentation; or
(aa)
when after such registration such builder has been convicted of an offence
under the HomeBuilding Contracts Act 1991 ; or
(b) when
after such registration such builder has been convicted of any indictable
offence or of any offence which, if committed in Western Australia, would be
an indictable offence; or
(ba)
where the builder does not have sufficient material and financial resources
available to enable the builder to meet his or its financial obligations as
and when they become due; or
(c) who
has been guilty of any negligence or incompetence in connection with the
performance of any building work or who has been convicted of any offence
against this Act or any regulation; or
(ca)
where the building work carried out by the builder has not been managed and
supervised in accordance with section 10AA, 10B or 10C, as the case requires;
or
(cb) who
has made any statement or representation with respect to the provision of
finance or the terms or charges therefor that is to his knowledge false in a
material particular, for the purpose of inducing a person to enter into a
contract for the carrying out or completion of any building work or for the
purpose of inducing a person to purchase any land on which building work has
been carried out by the builder; or
(d) who
has been guilty of any fraudulent conduct in regard to the carrying out or
completion of any building work; or
(da) who
has been guilty of conduct that is harsh, unconscionable, oppressive,
misleading or deceptive in relation to —
(i)
a contract for the carrying out or completion of building
work or a variation of that contract; or
(ii)
the carrying out or completion of any building work;
or
(db) who
has failed to comply with an order of the Disputes Tribunal; or
(e) who,
being a journeyman builder under this Act, does not comply with the conditions
of his registration; or
(ea) who
being a builder registered under section 10(1)(b)(iv)(III), does not comply
with any condition attached to his registration; or
(f)
where the builder is a partnership or a company or other body corporate and
the registration of the partner or the director of the company or the member
of the board of management of the body corporate (as the case may be) who is
the registered builder, or of the registered builder who is employed by the
partnership or the company or the body corporate to manage and supervise the
building work undertaken by it, is cancelled or suspended; or
(g)
where the builder is a partnership, company or other body corporate and after
such registration —
(i)
a person who is an ineligible person under
section 13(1ba) has been involved in the management of the partnership,
company or body corporate; or
(ii)
a person who is involved in the management of the
partnership, company or body corporate is declared to be an ineligible person
under section 13(1ba).
(1a) Where the
registration under this Act of a partnership, company or body corporate has
been cancelled or suspended by the State Administrative Tribunal, the State
Administrative Tribunal may, if in all the circumstances of the case it
considers it proper so to do, by order cancel or suspend the registration
under this Act of the partner, director, member of the board of management or
employee by whom the building work to which the inquiry related was, or was
required by this Act to be, managed and supervised.
(1b) Upon the making
of an order of cancellation under subsection (1a), the person named in the
order shall cease to be registered under this Act and upon the making of an
order of suspension under that subsection, the person named in the order shall
cease to be registered under this Act for the period specified in the order.
(1ba) Where the
registration under this Act of a partnership, company or body corporate has
been cancelled or suspended by the State Administrative Tribunal, the State
Administrative Tribunal may, if in all the circumstances it considers it
proper to do so —
(a)
declare a person who is a partner, director, member of the board of management
or otherwise involved in the management of the partnership, company or body
corporate, as the case requires, to be, for a period not exceeding 3 years, an
ineligible person for the purposes of section 9A or 10; and
(b) on
the application of a person referred to in paragraph (a) or on its own motion,
vary or revoke a declaration made under that paragraph.
(1bb) The State
Administrative Tribunal shall not make a declaration under subsection (1ba)(a)
in relation to a person unless it has —
[(a) deleted]
(b)
afforded that person an opportunity of giving an explanation personally at the
inquiry or in writing.
(2) On the application
of the Board or the builder whose registration is suspended or has been
cancelled, the State Administrative Tribunal may order that the suspension of
a registration is terminated or a registration that has been cancelled be
reinstated.
(3) An application for
the termination of a suspension or the reinstatement of a registration that
was cancelled cannot be made before the expiry of a period of 3 months after
the day on which the registration was suspended or cancelled.
[Section 13 amended by No. 44 of 1953 s. 11; No.
54 of 1961 s. 13; No. 41 of 1968 s. 10; No. 97 of 1975 s. 14; No. 14 of 1984
s. 7; No. 8 of 1986 s. 10; No. 93 of 1990 s. 12; No. 60 of 1991 s. 15; No. 76
of 2000 s. 21; No. 55 of 2004 s. 79; No. 70 of 2004 s. 82.]