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Building Act 1993
34JConstitution of Board for inquiry
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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
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(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.