ACTIn ForceAct
Construction Occupations (Licensing) Act 2004
39ARectification order—licensee or former licensee wound
Start here
Get a plain-English read of 39A
Turn the raw legal text into a practical explanation grounded in Construction Occupations (Licensing) Act 2004.
39A Rectification order—licensee or former licensee wound
up etc before order made
(a) the registrar believes on reasonable grounds that—
(i) a licensee or former licensee (the entity) has provided a
construction service otherwise than in accordance with this
Act or an operational Act; and
(ii) it may be appropriate to make a rectification order; and
(b) the entity is a corporation; and
(c) before the registrar makes the order—
(i) the entity becomes the subject of a winding-up order; or
(ii) the entity is placed into administration, receivership or
liquidation; or
(iii) the entity is deregistered.
(2) The registrar may give each person who was a director of the entity
at or after the time the construction service was provided—
(a) if the registrar gave the entity notice under section 34 (Intention
to make rectification order) before the entity was wound up,
placed into administration, receivership or liquidation or
deregistered—a copy of the notice and a statement to the effect
that the person is invited to make submissions about the making
of the order within 28 days after the day the person receives the
notice; or
(b) a written notice in accordance with section 34 (2) (a), (b), (d)
and (e) and a statement to the effect that the person is invited to
make submissions about the making of the order within 28 days
after the day the person receives the notice.
(3) The registrar may make a rectification order in relation to a person
who was a director of the entity at or after the time the construction
service was provided if, after considering any submissions made
within the 28 days, the registrar is satisfied—
(a) the entity contravened this Act or an operational Act; and
(b) it is appropriate to make a rectification order in relation to the
person.
(4) The rectification order may also require the person to give the
registrar written information about a thing required to be done under
the order.
(5) Subsection (6) applies if—
(a) the order requires the person to do a thing; and
(b) the person—
(6) The person must arrange, and pay for, the thing to be done by
someone who—