34Determination of application

34 Determination of application

(1)  On receipt of an application for a contractor's licence, the Administrator must consider the application and –

(a) [Section 34 Subsection (1) amended by No. 39 of 2018, s. 65, Applied:17 Dec 2018] may issue an appropriate licence to the applicant, which may be unconditional or subject to any conditions that the Administrator considers appropriate; or

(b) [Section 34 Subsection (1) amended by No. 39 of 2018, s. 65, Applied:17 Dec 2018] may refuse the application for any reason that the Administrator considers appropriate, including but not limited to any one or more of the following reasons:

(i) the applicant is not a fit and proper person;

(ii) the applicant does not have the qualifications, experience or competence to perform the functions of, or carry out the work of, a contractor as appropriate for the occupation and class of the licence being sought by the applicant;

(iii) there are not satisfactory arrangements in place, including the suitability of the nominated manager for the applicant, for the supervision of the applicant in his or her role as a contractor;

(iv) the applicant does not have, or is not likely to have, a sound and stable financial background;

(v) the applicant is not, or is not likely to be, covered by the insurance required under section 27 ;

(vi) the applicant does not satisfy, or is not likely to satisfy, any applicable requirement of a determination under section 31 or any prescribed requirement;

(vii) the applicant has previously had a licence, or similar accreditation as a contractor, refused, suspended or cancelled, in Tasmania or in another State or a Territory.

(2)  Unless otherwise agreed with the applicant, the Administrator is to make a decision within 21 days after receiving the application.

(3)  [Section 34 Subsection (3) amended by No. 26 of 2016, s. 27, Applied:01 Jan 2017] If the Administrator refuses an application, the Administrator is to give the applicant written notice setting out the reasons for the refusal.