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Construction Occupations (Licensing) Act 2004
19Decision on licence application
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19 Decision on licence application
(1) If an entity applies for a licence for a construction occupation or
occupation class, the registrar must issue, or refuse to issue, the
(2) However, the registrar may issue a licence other than the licence
applied for if—
(a) the applicant is not eligible for the licence applied for; and
(b) the applicant is eligible for the other licence; and
(c) the licence issued is in the same construction occupation as, but
a different occupation class from, the licence applied for; and
(d) the applicant agrees to the issue of the licence.
(3) The registrar must refuse to issue a licence for a construction
occupation or occupation class to an applicant if—
(a) the registrar is not satisfied that the applicant is eligible to be
licensed in the occupation or class; or
(b) the applicant is disqualified from holding a licence under
section 98 (Licence disqualification).
(4) The registrar may refuse to issue a licence for a construction
occupation, or occupation class, to an applicant if—
(a) the applicant, or a director or nominee of an applicant that is a
corporation, or a partner or nominee of an applicant that is a
partnership, is a licensee, a related licensee, or a former licensee
(however described) under this Act or a corresponding law
who—
(i) as a result of disciplinary action (however described) is, or
has been, disqualified from holding a licence (however
described) or prohibited from providing a construction
service (however described) under this Act or a
(ii) is, or has been, subject to occupational discipline (however
described) under this Act or a corresponding law; or
(iii) the registrar believes on reasonable grounds surrendered a
licence (however described) in circumstances that related
to a ground for occupational discipline (however
described) under this Act or a corresponding law; or
(iv) has contravened, or is contravening, a court order or an
order made by the ACAT (or a similar State tribunal)
relating to a construction service, construction occupation
or occupation class under this Act or a corresponding law;
or
(v) has contravened, or is contravening, this Act or a condition
of a licence or a previous or related licence; or
instruments made or in force under the Act, including any
regulation (see Legislation Act, s 104).
(vi) has contravened, or is contravening, a rectification order
(however described) under this Act or a corresponding law;
or
(vii) has contravened, or is contravening, a rectification
undertaking (however described) under this Act or a
(viii) has a debt owing to the Territory under section 37 (5),
section 41 (5) or section 42 (3) and does not have, or is not
complying with, a formal arrangement to pay the debt; and
(b) the registrar believes on reasonable grounds that the refusal is
necessary or desirable to protect the public.
(5) The registrar may issue a licence to an applicant for less than the
maximum period for which the licence may be issued if the registrar
believes on reasonable grounds that it is necessary or desirable to
protect the public.
(6) If an application for occupational discipline in relation to an applicant
or nominee of an applicant has been made by the registrar under
division 5.2 (Occupational discipline—licensees), the registrar need
not decide whether to licence the applicant until the application has
been dealt with by the ACAT, and any appeal or review arising from
the occupational discipline, is finished.
related licence means a licence under this Act or a corresponding law
that is held by a related licensee.
(a) if the applicant, or a director, partner or nominee of the applicant
is or has been a director or nominee of a corporation (the related
corporation) that is or has been a licensee under this Act or a
corresponding law—the related corporation; or
(b) if the applicant, or a director, partner or nominee of the applicant
is or has been a partner or nominee of a partnership (the related
partnership) that is or has been a licensee under this Act or a
corresponding law—the related partnership.