QLDIn ForceAct
Building Act 1975
sec.186Criteria for deciding suitability of applicants and licensees
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### sec.186 Criteria for deciding suitability of applicants and licensees
This section applies if, under this part, QBCC is considering whether an applicant for, or for the renewal of, a licence or a licence holder is a suitable person to hold a licence.
QBCC must consider each of the following—
whether the applicant or holder has been convicted of a relevant offence;
whether the applicant or holder has previously been refused a licence, or has had a licence suspended or cancelled, under this Act or another relevant Act;
whether the applicant or holder has, under another relevant Act, been disqualified from holding a licence under that Act;
dealings in which the applicant or holder has been involved and the standard of honesty and integrity demonstrated in the dealings;
any failure by the applicant or holder to carry out statutory obligations relating to building or private certifying functions, and the reasons for the failure;
whether the applicant or holder holds a current accreditation issued by an accreditation standards body;
if the applicant or holder does not hold a current accreditation issued by an accreditation standards body—whether the applicant or holder has qualifications and experience prescribed under section 155 ;
whether the applicant or holder is a disqualified individual;
all other relevant circumstances.
A person is not a suitable person to hold a licence if the person is a disqualified individual.
s 186 ins 2006 No. 36 s 5
amd 2013 No. 38 s 14 sch 1 ; 2020 No. 24 s 54
(sec.186-ssec.1) This section applies if, under this part, QBCC is considering whether an applicant for, or for the renewal of, a licence or a licence holder is a suitable person to hold a licence.
(sec.186-ssec.2) QBCC must consider each of the following— whether the applicant or holder has been convicted of a relevant offence; whether the applicant or holder has previously been refused a licence, or has had a licence suspended or cancelled, under this Act or another relevant Act; whether the applicant or holder has, under another relevant Act, been disqualified from holding a licence under that Act; dealings in which the applicant or holder has been involved and the standard of honesty and integrity demonstrated in the dealings; any failure by the applicant or holder to carry out statutory obligations relating to building or private certifying functions, and the reasons for the failure; whether the applicant or holder holds a current accreditation issued by an accreditation standards body; if the applicant or holder does not hold a current accreditation issued by an accreditation standards body—whether the applicant or holder has qualifications and experience prescribed under section 155 ; whether the applicant or holder is a disqualified individual; all other relevant circumstances.
(sec.186-ssec.3) A person is not a suitable person to hold a licence if the person is a disqualified individual.
- (a) whether the applicant or holder has been convicted of a relevant offence;
- (b) whether the applicant or holder has previously been refused a licence, or has had a licence suspended or cancelled, under this Act or another relevant Act;
- (c) whether the applicant or holder has, under another relevant Act, been disqualified from holding a licence under that Act;
- (d) dealings in which the applicant or holder has been involved and the standard of honesty and integrity demonstrated in the dealings;
- (e) any failure by the applicant or holder to carry out statutory obligations relating to building or private certifying functions, and the reasons for the failure;
- (f) whether the applicant or holder holds a current accreditation issued by an accreditation standards body;
- (fa) if the applicant or holder does not hold a current accreditation issued by an accreditation standards body—whether the applicant or holder has qualifications and experience prescribed under section 155 ;
- (fb) whether the applicant or holder is a disqualified individual;
- (g) all other relevant circumstances.