33Grounds for finding that person is not suitable person to carry out work

#### 33 Grounds for finding that person is not suitable person to carry out work 33 Grounds for finding that person is not suitable person to carry out work > > (1) For the purposes of section 46(e) of the Act, the Secretary may form an opinion that a person is not a suitable person to carry out work for which the person is seeking registration or is registered in one or more of the following circumstances— > > > > > (a) the person has been convicted of a relevant offence within the previous 10 years, > > > > > (b) the person is not a fit and proper person to carry out the work, > > > > > (c) the Secretary has requested the applicant for registration to provide additional information necessary for the Secretary to determine the application and the applicant fails to provide the information within the reasonable time specified by the Secretary, > > > > > (d) the Secretary has required the applicant for registration or a close associate of the applicant to provide information or produce records under section 44 of the Act and the applicant or close associate fails to provide the information within the reasonable time specified by the Secretary, > > > > > (e), (f) (Repealed) > > > > > (f1) there is a condition on a relevant authorisation of the person, > > > > > (g) if the person is a body corporate— > > > > > > > (i) the body corporate becoming the subject of a winding up order or having a controller or administrator appointed, or > > > > > > > (ii) a ground referred to in section 46(a)–(d) of the Act occurs in relation to a director of the body corporate, > > > > > (h) if the person is applying for registration as a professional engineer by way of a pathway that relies on the person being recognised or registered as a professional engineer by a professional body of engineers—the person does not have adequate qualifications, knowledge or skills required for the carrying out of professional engineering work despite satisfying the requirements under that pathway. > > > (2) In this clause— > > > > person, for subclause (1)(a) and (b), includes a director of a body corporate if the person is a body corporate. > > > > relevant offence means the following offences, whether committed in this or another Australian jurisdiction— > > > > > (a) an offence in relation to the carrying out of work under a relevant authorisation, including an offence in relation to the carrying out of work without a relevant authorisation that is required for the work, > > > > > (b) an offence in relation to a failure to comply with a condition of registration or relevant authorisation, > > > > > (c) an offence involving fraud or dishonesty. > > **cl 33:** Am 2021 (312), Sch 1\[3\]; 2022 (332), Sch 1\[2\]–\[5\].