18BRequirement to undertake assessment

18B Requirement to undertake assessment (1) The registrar may require a licensee to undertake an assessment to determine the licensee’s eligibility for renewal of the licence if any of the following apply: (a) during the term of the licensee’s current licence, the registrar has made, or given notice of intention to make, a rectification order in relation to— (i) the licensee; or (ii) if the licensee is or was the nominee of a licensed corporation or partnership—the corporation or partnership; (b) in the 12 months prior to the expiry of the licence, the registrar formed a belief on reasonable grounds that a ground for occupational discipline exists in relation to— (i) the licensee; or (ii) if the licensee is or was the nominee of a licensed corporation or partnership—the corporation or partnership; (c) in the 12 months prior to the expiry of the licence, the registrar formed a belief on reasonable grounds that the licensee may not have the skills or knowledge reasonably necessary to occupation or occupation class under the licence; (d) in the period starting 3 years before the expiry of the licence and ending 3 months before the expiry of the licence— (i) if the licensee is licensed— (A) in a builder occupation class—the licensee has not been issued a commencement notice for building work in a builder occupation class; or

Licence renewal Division 4.1A (B) in any other occupation class—the licensee has not provided any construction service under the licence; or (ii) if the licensee is a nominee for a licensed corporation or partnership—the licensee has not undertaken work as the nominee for the corporation or partnership; (e) the registrar otherwise requires the licensee to undertake the assessment to determine the licensee’s eligibility to hold the licence. (2) However, a licensee is not required to undertake an assessment under this section if, in the 2 years prior to the expiry of the licence— (a) the licensee has undertaken— (i) an assessment as required by the registrar under the Act, section 55A; or (ii) a course of training under the Act that includes an (b) the assessment under the Act, section 55A is the same or substantially the same as the assessment of eligibility under subsection (1). (3) Also, the registrar must not require a licensee to undertake an assessment under subsection (1) (e) if— (a) subsection (1) (a) to (d) do not apply; and (b) the licensee was required by the registrar to undertake an assessment under section 14 (Skill assessment of individuals) or this section before the registrar issued the current licence to the licensee; and (c) it is not a condition of the licensee’s current licence that the licensee undertake an assessment before applying for renewal of the licence.

(4) In this section: commencement notice means a building commencement notice issued under the Building Act 2004, section 37.