36HCompetency matters for person to exercise functions of

36H Competency matters for person to exercise functions of authorised person—Act, s 83P (3) (1) The matters the director-general must consider in relation to a person’s competency in exercising the functions of an authorised person are— (a) whether the person has demonstrated adequate knowledge and experience in relation to the functions of an authorised person; and (b) whether the person is— (i) an Australian citizen; or (ii) a permanent resident; or (iii) a temporary resident who holds a visa that allows the person to work carrying out the functions of an authorised person; and (c) whether the person has been convicted or found guilty of an offence— (i) that is an indictable offence under a law of the ACT or the Commonwealth; or (ii) for an offence committed outside the ACT—that would be an indictable offence against a law of the ACT if committed in the ACT; and Note A conviction does not include a spent conviction or an extinguished conviction (see Spent Convictions Act 2000, s 16 (c) (i) and s 19H (1) (c) (i)). (d) whether the person has been the subject of any disciplinary action, however expressed, relating to a construction occupation that involved a finding of guilt; and

(e) whether the person has previously exercised the functions of an authorised person under the Act or a relevant law and did not exercise the functions in accordance with— (i) the terms of their appointment as an authorised person; or (ii) the directions given to the person in relation to the exercise of their functions. construction occupation— (a) see the Construction Occupations (Licensing) Act 2004, section 7; and (b) includes a construction occupation (however described) under a law of the Commonwealth or a State. Note State includes the Northern Territory (see Legislation Act, dict, pt 1) permanent resident means— (a) a person who holds a permanent visa for the Migration Act 1958 (Cwlth), section 30; or (b) a New Zealand citizen who holds a special category visa under the Migration Act 1958 (Cwlth), section 32. relevant law means a law of the Commonwealth or a State relating to swimming pool safety (however described). Note State includes the Northern Territory (see Legislation Act, dict, pt 1)