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Building and Development Certifiers Regulation 2020
34Suitability of person for approval
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#### 34 Suitability of person for approval
34 Suitability of person for approval
> > (1) For the purposes of sections 63(4)(a) and 75(2)(b) of the Act, the following matters are prescribed as matters that the Secretary may have regard to—
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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 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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> > > (e) a close associate of the person who would not be a fit and proper person to be approved exercises a significant influence over the person or the operation and management of the person’s business.
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> > (2) For the purposes of section 75(2)(b) of the Act, the Secretary may have regard to the fact that the Secretary is of the opinion that the accreditation scheme of the accreditation authority does not comply with the requirements of the Act, the regulations or the accreditation authority approval guidelines.