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Construction Occupations (Licensing) Act 2004
55Grounds for occupational discipline
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55 Grounds for occupational discipline
(1) Each of the following is a ground for occupational discipline in
relation to a licensee:
(a) the licensee, or a director, partner, nominee or employee of the
licensee, contravened, or is contravening, this Act or an
operational Act (including a direction given to the licensee
under an operational Act);
1 contravening a rectification order
2 failing to complete a skill assessment required by the registrar under
s 55A
(b) the licensee, knowingly or recklessly, gave someone
information in relation to a construction service provided, or to
be provided, by the licensee that was false or misleading in a
material particular;
(c) the licensee or a director, partner or nominee of the licensee, has
been found guilty, whether in the Territory or anywhere else, of
an offence that—
(ii) is punishable by imprisonment for at least 1 year;
(d) if the licensee is an individual—the licensee executes a personal
insolvency agreement;
(e) if the licensee is a corporation—
(i) the licensee enters into a scheme of arrangement; or
(ii) a receiver, manager, receiver and manager or administrator
is appointed over the licensee or any of its assets;
(f) if the licensee is a corporation or partnership—the licensee has,
or had, no nominee;
(g) the licensee’s licence has been automatically suspended under
division 5.1 (Automatic licence suspension) and the cause of the
suspension still exists;
(h) the licensee ceases to be eligible to hold a licence.
(2) In subsection (1) (a), a reference to a contravention of this Act or an
operational Act includes a reference to the following:
(a) a contravention of the Criminal Code, part 2.4 (Extensions of
criminal responsibility) in relation to an offence against this Act
or an operational Act or otherwise in relation to this Act or an
operational Act;
(b) a contravention of the Criminal Code in relation to a document
given, or required to be given, under this Act or an operational
Act;
(c) a contravention of the Criminal Code in relation to anything
done, or not done, under this Act or an operational Act.
(3) A ground for occupational discipline applies to a former licensee if
the ground applied to the former licensee while licensed.
(4) A regulation may prescribe a short description of a ground for
occupational discipline under subsection (1) (a).