NSWIn ForceRegulation
Design and Building Practitioners Regulation 2021
52BRefusal of recognition on public interest grounds
Start here
Get a plain-English read of 52B
Turn the raw legal text into a practical explanation grounded in Design and Building Practitioners Regulation 2021.
#### 52B Refusal of recognition on public interest grounds
52B Refusal of recognition on public interest grounds
> For the purposes of the Act, section 55(3)(b), the Secretary may refuse an application for recognition as a recognised engineering body or an application for the renewal of recognition if—
>
> > (a) in the Secretary’s opinion, it is not in the public interest to approve the application, or
>
> > (b) in the Secretary’s opinion, the applicant does not exercise the functions of a professional body of engineers, or
>
> > (c) in the Secretary’s opinion, the applicant is not suitable to be recognised as a recognised engineering body, or
>
> > (d) the Secretary requested the applicant provide additional information necessary for the Secretary to decide the application, and the applicant failed to provide the information within the time specified by the Secretary, or
>
> > (e) the applicant, including a director or officer of the applicant, has been convicted of a relevant offence within the previous 10 years, or
>
> > (f) the Independent Commission Against Corruption, or an equivalent body in another jurisdiction, has within the previous 10 years made a finding or reasonably believes that the applicant, including, a director or officer of the applicant, has engaged in corrupt conduct, or
>
> > (g) the applicant, including a director of the applicant or officer of the applicant, is an undischarged bankrupt, or
>
> > (h) the applicant is the subject of a winding up order or has had a controller or administrator appointed, or
>
> > (i) the applicant is disqualified from holding an equivalent authorisation under the law of another State, Territory or the Commonwealth, other than on the following grounds—
> >
> > > (i) the applicant does not reside in the other jurisdiction,
> >
> > > (ii) the applicant is a body corporate, or
>
> > (j) a close associate of the applicant, who the Secretary considers is not a fit and proper person, exercises a significant influence over the applicant or the operation and management of the applicant’s business.
>
> **cl 52B:** Ins 2022 (62), Sch 1\[8\].