Building (Approvals and Practitioners) Act 2026
93When Secretary may form opinion that person is not suitable person
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93 When Secretary may form opinion that person is not suitable person
93 When Secretary may form opinion that person is not suitable person
(1) For section 92(1)(e), the Secretary may form an opinion that a person is not a suitable person to carry out registered work in one or more of the following circumstances—
(a) the person, including, if the person is a body corporate, a director of the body corporate, has, within the previous 10 years—
(i) been convicted of a relevant offence, or
(ii) been subject to a finding or an opinion by the Independent Commission Against Corruption that the person has engaged in corrupt conduct,
(b) the person, including, if the person is a body corporate, a director of the body corporate, is—
(i) an undischarged bankrupt, or
(ii) insolvent,
(c) the person, including, if the person is a body corporate, a director of the body corporate, has contravened a requirement imposed—
(i) by this Act or the regulations, or
(ii) in relation to registered work under another Act or law,
(d) the person has contravened a condition of the person’s registration,
(e) a relevant authorisation of the person has been suspended or cancelled, other than at the person’s request, under the law of another Australian jurisdiction,
(f) the person is ineligible to hold, or disqualified from holding, a relevant authorisation under the law of another Australian jurisdiction, other than on the grounds that the person—
(i) does not reside in the jurisdiction, or
(ii) is a body corporate,
(g) a close associate of the person, who would not be a fit and proper person to be registered, exercises a significant influence over—
(i) the person, or
(ii) the operation and management of the person’s business,
(h) a circumstance prescribed by the regulations.