34JConstitution of Board for inquiry

34J Constitution of Board for inquiry (1) Subject to subsection (3), the Practitioners Board must be constituted for an inquiry by 3 of its members chosen by the Chairperson of the Practitioners Board, of whom: (a) one must be a lawyer; and (b) one must be an industry member who is appointed to represent the interests of the category of building practitioner in which the building practitioner the subject of the inquiry is or was registered. (2) The member referred to in subsection (1)(a) is the presiding member for the inquiry. (3) If there are no members available (because of a conflict of interest or otherwise) to be appointed as the member referred to in subsection (1)(a) or (b), the Chairperson may appoint in writing: (a) to be the member referred to in subsection (1)(a) – a lawyer who has been admitted to the legal profession for at least 5 years; or (b) to be the member referred to in subsection (1)(b): (i) a person who is not a member of the Practitioners Board but is registered in the category of building practitioner in which the building practitioner the subject of the inquiry is or was registered; or

Building Act 1993 35 (ii) if it is not practicable to appoint a person referred to in subparagraph (i) – an industry member who is registered in a category of building practitioner (although not the category in which the building practitioner the subject of the inquiry is or was registered). (4) The Director cannot be appointed under subsection (3). (5) In this section: category of building practitioner does not include a sub-category of a category of building practitioner. industry member has the meaning in section 12A.