QLDIn ForceAct
Housing Act 2003
sec.38CNotice of intent to cancel registration
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### sec.38C Notice of intent to cancel registration
This section applies if the registrar reasonably believes a registered provider—
has not addressed the matters stated in a notice of noncompliance given to the provider within the period stated in the notice; or
has not complied with binding instructions given to the provider within the period, if any, stated in the instructions; or
has failed to comply with a provision of this Act or, if the provider is a national provider, a corresponding law of another participating jurisdiction, and urgent steps are required because the failure has potentially serious consequences.
a failure by a registered provider to comply with this Act that creates a risk to the health and safety of the provider’s tenants
The registrar may give the registered provider a notice (a notice of intent to cancel registration ) that the registrar intends to cancel the provider’s registration.
The notice of intent to cancel registration must state—
the reasons the registrar considers registration should be cancelled; and
that the provider’s registration will be cancelled unless, within the period stated in the notice, the provider satisfies the registrar that the provider’s registration should not be cancelled.
The stated period in a notice of intent to cancel registration—
must be not less than 14 days after the day the notice is given to the registered provider; and
may be extended in writing by the registrar at the provider’s request, if the registrar is satisfied that there are good reasons for extending the period.
If the provider is a national provider, the registrar must also give a copy of the notice of intent to cancel registration to the registrar of, and the housing agency for, each other participating jurisdiction.
s 38C ins 2013 No. 5 s 23
(sec.38C-ssec.1) This section applies if the registrar reasonably believes a registered provider— has not addressed the matters stated in a notice of noncompliance given to the provider within the period stated in the notice; or has not complied with binding instructions given to the provider within the period, if any, stated in the instructions; or has failed to comply with a provision of this Act or, if the provider is a national provider, a corresponding law of another participating jurisdiction, and urgent steps are required because the failure has potentially serious consequences. a failure by a registered provider to comply with this Act that creates a risk to the health and safety of the provider’s tenants
(sec.38C-ssec.2) The registrar may give the registered provider a notice (a notice of intent to cancel registration ) that the registrar intends to cancel the provider’s registration.
(sec.38C-ssec.3) The notice of intent to cancel registration must state— the reasons the registrar considers registration should be cancelled; and that the provider’s registration will be cancelled unless, within the period stated in the notice, the provider satisfies the registrar that the provider’s registration should not be cancelled.
(sec.38C-ssec.4) The stated period in a notice of intent to cancel registration— must be not less than 14 days after the day the notice is given to the registered provider; and may be extended in writing by the registrar at the provider’s request, if the registrar is satisfied that there are good reasons for extending the period.
(sec.38C-ssec.5) If the provider is a national provider, the registrar must also give a copy of the notice of intent to cancel registration to the registrar of, and the housing agency for, each other participating jurisdiction.
- (a) has not addressed the matters stated in a notice of noncompliance given to the provider within the period stated in the notice; or
- (b) has not complied with binding instructions given to the provider within the period, if any, stated in the instructions; or
- (c) has failed to comply with a provision of this Act or, if the provider is a national provider, a corresponding law of another participating jurisdiction, and urgent steps are required because the failure has potentially serious consequences. Example for paragraph (c) — a failure by a registered provider to comply with this Act that creates a risk to the health and safety of the provider’s tenants
- (a) the reasons the registrar considers registration should be cancelled; and
- (b) that the provider’s registration will be cancelled unless, within the period stated in the notice, the provider satisfies the registrar that the provider’s registration should not be cancelled.
- (a) must be not less than 14 days after the day the notice is given to the registered provider; and
- (b) may be extended in writing by the registrar at the provider’s request, if the registrar is satisfied that there are good reasons for extending the period.