NSWIn ForceAct
Home Building Act 1989
25Issue of certificates
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#### 25 Issue of certificates
25 Issue of certificates
> > (1) The Secretary must refuse an application for a supervisor or tradesperson certificate if—
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> > > (a) the Secretary is not satisfied that the applicant is a fit and proper person to hold such a certificate, or
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> > > (a1) the Secretary is not satisfied as to the matters of which the Secretary is required to be satisfied by sections 33B and 33D, or
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> > > (b) the applicant is a mentally incapacitated person, or
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> > > (c) the applicant is disqualified by this Act or the regulations from holding such a certificate, or
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> > > (d) the Secretary considers that a close associate of the applicant who would not be a fit and proper person to hold an authority exercises a significant influence over the applicant or the operation and management of the applicant’s business.
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> > (1A) Without limiting subsection (1)(a), in determining whether an applicant is a fit and proper person to hold a certificate the Secretary is to consider whether the applicant is of good repute, having regard to character, honesty and integrity.
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> > (2) The Secretary may, by notice published in the Gazette, specify qualifications and experience, or additional standards or other requirements, required to be held or met by an applicant for a supervisor or tradesperson certificate.
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> > (3) The Secretary must refuse an application for a supervisor or tradesperson certificate—
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> > > (a) if the Secretary is not satisfied that any such requirement would be met were the certificate to be issued, or
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> > > (b) if the applicant has not completed, at a standard acceptable to the Secretary, any relevant examination or practical test (or both) conducted or nominated by the Secretary and required by the Secretary to be completed by the applicant.
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> > (4) A decision of the Secretary relating to—
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> > > (a) the specification of qualifications and experience, or additional standards or other requirements under subsection (2), or
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> > > (b) the setting of standards or selecting of examinations or tests under subsection (3),
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> > cannot be reviewed by the Tribunal in an application for an administrative review made under this or any other Act.
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> **s 25:** Am 1996 No 122, Sch 5 \[9\] \[10\] \[12\]; 1998 No 48, Sch 2.9 \[2\]; 2002 No 28, Sch 4.6 \[7\] \[8\]; 2004 No 101, Sch 2 \[10\] \[11\]; 2012 No 42, Sch 1.16 \[1\]; 2013 No 95, Sch 2.78 \[2\]; 2014 No 24, Sch 1 \[39\] \[40\]; 2021 No 21, Sch 3\[3\] \[4\].