sec.161Suitability of person to be registered

### sec.161 Suitability of person to be registered A person is not eligible to be registered as an adjudicator unless the person holds— an adjudication qualification; or another qualification that the registrar considers to be equivalent to an adjudication qualification. In deciding whether an applicant is a suitable person to be registered as an adjudicator, the registrar may have regard to the following matters— whether the person— has a conviction for a relevant offence, other than a spent conviction; or held a registration under this part, or a licence or registration under a corresponding law, that was suspended or cancelled; or has been refused registration under this part or a licence or registration under a corresponding law; or is an insolvent under administration; or is competent to adjudicate matters under chapter 3 ; or whether the person’s registration with a professional association was cancelled because of disciplinary action; the experience and qualifications of the person; the matters stated in the application for registration under section 159 ; anything else relevant to the person’s ability to perform the person’s functions as an adjudicator. In this section— adjudication qualification means a qualification issued by a body prescribed by regulation to an individual stating that the individual has achieved an adjudication competency standard prescribed by regulation. relevant offence means— an indictable offence, other than an indictable offence that is taken to be a simple offence under the Criminal Code , section 659 ; or an offence against this Act; or an offence against a corresponding law; or an offence against the Queensland Building and Construction Commission Act 1991 or a law of another State or the Commonwealth that provides for the same matter as that Act or a provision of that Act; or an offence against the repealed Domestic Building Contracts Act 2000 or a law of another State or the Commonwealth that provides for the same matter as that Act or a provision of that Act; or an offence, relating to the provision of services as an adjudicator, against a law applying, or that applied, in the State, the Commonwealth, another State or a foreign country. s 161 amd 2023 No. 23 s 247 sch 1 s 2 (3) (sec.161-ssec.1) A person is not eligible to be registered as an adjudicator unless the person holds— an adjudication qualification; or another qualification that the registrar considers to be equivalent to an adjudication qualification. (sec.161-ssec.2) In deciding whether an applicant is a suitable person to be registered as an adjudicator, the registrar may have regard to the following matters— whether the person— has a conviction for a relevant offence, other than a spent conviction; or held a registration under this part, or a licence or registration under a corresponding law, that was suspended or cancelled; or has been refused registration under this part or a licence or registration under a corresponding law; or is an insolvent under administration; or is competent to adjudicate matters under chapter 3 ; or whether the person’s registration with a professional association was cancelled because of disciplinary action; the experience and qualifications of the person; the matters stated in the application for registration under section 159 ; anything else relevant to the person’s ability to perform the person’s functions as an adjudicator. (sec.161-ssec.3) In this section— adjudication qualification means a qualification issued by a body prescribed by regulation to an individual stating that the individual has achieved an adjudication competency standard prescribed by regulation. relevant offence means— an indictable offence, other than an indictable offence that is taken to be a simple offence under the Criminal Code , section 659 ; or an offence against this Act; or an offence against a corresponding law; or an offence against the Queensland Building and Construction Commission Act 1991 or a law of another State or the Commonwealth that provides for the same matter as that Act or a provision of that Act; or an offence against the repealed Domestic Building Contracts Act 2000 or a law of another State or the Commonwealth that provides for the same matter as that Act or a provision of that Act; or an offence, relating to the provision of services as an adjudicator, against a law applying, or that applied, in the State, the Commonwealth, another State or a foreign country. - (a) an adjudication qualification; or - (b) another qualification that the registrar considers to be equivalent to an adjudication qualification. - (a) whether the person— (i) has a conviction for a relevant offence, other than a spent conviction; or (ii) held a registration under this part, or a licence or registration under a corresponding law, that was suspended or cancelled; or (iii) has been refused registration under this part or a licence or registration under a corresponding law; or (iv) is an insolvent under administration; or (v) is competent to adjudicate matters under chapter 3 ; or - (i) has a conviction for a relevant offence, other than a spent conviction; or - (ii) held a registration under this part, or a licence or registration under a corresponding law, that was suspended or cancelled; or - (iii) has been refused registration under this part or a licence or registration under a corresponding law; or - (iv) is an insolvent under administration; or - (v) is competent to adjudicate matters under chapter 3 ; or - (b) whether the person’s registration with a professional association was cancelled because of disciplinary action; - (c) the experience and qualifications of the person; - (d) the matters stated in the application for registration under section 159 ; - (e) anything else relevant to the person’s ability to perform the person’s functions as an adjudicator. - (i) has a conviction for a relevant offence, other than a spent conviction; or - (ii) held a registration under this part, or a licence or registration under a corresponding law, that was suspended or cancelled; or - (iii) has been refused registration under this part or a licence or registration under a corresponding law; or - (iv) is an insolvent under administration; or - (v) is competent to adjudicate matters under chapter 3 ; or - (a) an indictable offence, other than an indictable offence that is taken to be a simple offence under the Criminal Code , section 659 ; or - (b) an offence against this Act; or - (c) an offence against a corresponding law; or - (d) an offence against the Queensland Building and Construction Commission Act 1991 or a law of another State or the Commonwealth that provides for the same matter as that Act or a provision of that Act; or - (e) an offence against the repealed Domestic Building Contracts Act 2000 or a law of another State or the Commonwealth that provides for the same matter as that Act or a provision of that Act; or - (f) an offence, relating to the provision of services as an adjudicator, against a law applying, or that applied, in the State, the Commonwealth, another State or a foreign country.