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Construction Occupations (Licensing) Act 2004
25Licence renewal
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25 Licence renewal
(1) A licensee may apply to the registrar for renewal of the licence before
the licence term ends.
(2) The registrar must renew a licence on application if satisfied that the
applicant—
(a) would be eligible to be licensed if the application were for a new
licence of the same kind; or
(b) is eligible for renewal of the licence.
(3) However, the registrar may refuse to renew a licence 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, or a related licensee of the applicant—
(i) has contravened, or is contravening, a court order or an
order made by ACAT relating to the applicant’s licence or
a related licence (including work done by the licensee or a
related licensee); or
(ii) has contravened, or is contravening, this Act or a condition
of the applicant’s licence or a condition of a licence or a
related licence; or
instruments made or in force under the Act, including any
regulation (see Legislation Act, s 104).
(iii) has contravened, or is contravening, a rectification order;
or
1 failing to start the work stated in the rectification order
2 failing to finish the work stated in the rectification order in the
period within which the order states that the work must be done
(iv) has contravened, or is contravening, a rectification
undertaking (however described) under this Act or a
(v) was required by the registrar under section 55A (Skill
assessment of licensees) to be assessed and the applicant
has not completed the assessment; or
(vi) 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; or
(vii) is disqualified under a corresponding law from holding a
licence (however described) or providing a construction
service (however described) in the same, or substantially
the same, construction occupation or occupation class
applied for; and
(b) the registrar believes on reasonable grounds that the refusal is
necessary or desirable to protect the public.
(4) The registrar may renew a licence for less than the maximum period
for which the licence may be renewed if the registrar believes on
reasonable grounds that it is necessary or desirable to protect the
public.
(5) The renewal of a licence begins on the day after the licence being
renewed ends.
(6) A suspended licence may be renewed, but the renewed licence is
suspended until the suspension ends.
related licence means a licence under this Act or a corresponding law
that is held by a related licensee.
(a) if 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 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; or
(c) if a director, partner or nominee of the applicant is or has been a
licensee under this Act or a corresponding law—the director,
partner or nominee.