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Building and Development Certifiers Act 2018
7Grounds for finding that a person is not a suitable person to carry out certification work
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#### 7 Grounds for finding that a person is not a suitable person to carry out certification work
7 Grounds for finding that a person is not a suitable person to carry out certification work
> > (1) A person is not a suitable person to carry out certification work if—
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> > > (a) the person is disqualified from being registered, or
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> > > (b) the person (including, if the person is a body corporate, a director of the body corporate) is a natural person who is under 18 years of age, or
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> > > (c) the person does not have the qualifications, skills, knowledge and experience required to carry out the certification work, or
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> > > (d) the person (including, if the person is a body corporate, a director of the body corporate) is not a fit and proper person to carry out the certification work, or
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> > > (e) the person is a mentally incapacitated person, or
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> > > (f) the person is a body corporate and no director of the body corporate is registered in a class of registration that would authorise the director to carry out the certification work, or
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> > > (g) the Secretary is of the opinion that the person is not a suitable person to carry out the certification work.
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> > (2) The Secretary may form an opinion that a person is not a suitable person to carry out certification work in any one or more of the following circumstances—
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> > > (a) the person (including, if the person is a body corporate, a director of the body corporate) has, within the previous 10 years, been convicted of a relevant offence,
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> > > (b) the Independent Commission Against Corruption, within the previous 10 years, has made a finding or has been of the opinion that the person (including, if the person is a body corporate, a director of the body corporate) has engaged in corrupt conduct,
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> > > (c) the person (including, if the person is a body corporate, a director of the body corporate) is an undischarged bankrupt,
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> > > (d) the person has contravened a requirement imposed by or under this Act or a requirement imposed with respect to certification work under another Act or law,
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> > > (e) an equivalent authorisation of the person has been suspended or cancelled (other than at the person’s request) under the law of another Australian jurisdiction,
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> > > (f) the person is disqualified (other than on the grounds of not residing in that jurisdiction or on the grounds that the person is a body corporate) from holding an equivalent authorisation under the law of another Australian jurisdiction,
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> > > (g) a close associate of the person who would not be a fit and proper person to be registered exercises a significant influence over the person or the operation and management of the person’s business,
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> > > (h) a circumstance prescribed by the regulations.