41Appointment of inspectors

41 Appointment of inspectors (1) The construction occupations registrar may appoint a person to be an inspector for this Act. Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).

(2) An inspector must exercise his or her functions under this Act in accordance with the conditions of appointment and any direction given to the inspector by the construction occupations registrar. (3) A person must not be appointed under subsection (1) unless— (a) the person is an Australian citizen or a permanent resident of Australia; and (b) the construction occupations registrar has certified in writing that, after appropriate inquiry, the registrar is satisfied that the person is a suitable person to be authorised, having regard in particular to— (i) whether the person has any criminal convictions; and (ii) the person’s employment record; and (c) the registrar has certified in writing that the registrar is satisfied that the person— (i) has satisfactorily completed adequate training; and (ii) is competent; to exercise the powers of an inspector proposed to be given to the person.