ACTIn ForceAct
Construction Occupations (Licensing) Act 2004
95Consequences of incurring demerit points—licensees
Start here
Get a plain-English read of 95
Turn the raw legal text into a practical explanation grounded in Construction Occupations (Licensing) Act 2004.
95 Consequences of incurring demerit points—licensees
(1) This section applies to a licensee if the licensee—
(a) has a licence; and
(b) incurred 15 or more demerit points for a construction occupation
within the previous 3 years.
(2) The registrar must consider the disciplinary incidents for which the
licensee incurred the demerit points and—
(a) serve a notice of licence suspension under section 97 on the
licensee in relation to the licensee’s licence in the construction
occupation; or
(b) serve a notice of licence disqualification under section 98 on the
licensee in relation to the licensee’s licence in the construction
occupation; or
(c) take any other action against the licensee that—
(i) the ACAT could take or direct the registrar to take; and
(ii) the registrar considers appropriate.
(3) In considering what action to take under subsection (2), the registrar
must take into account the following considerations:
(a) the need to protect public safety;
(b) the desirability of not allowing people to undertake work which
they are financially unable to complete;
(c) the regularity of the disciplinary incidents to which the demerit
points relate;
(d) the seriousness of the disciplinary incidents to which the demerit
points relate;
(e) the likelihood of further disciplinary incidents relating to the
(4) The registrar may take into account any other relevant consideration.