90Proper cause for disciplinary action

90 Proper cause for disciplinary action

(1)  There is proper cause for disciplinary action against a contractor if –

(a) he or she is guilty of improper conduct; or

(b) it appears to the Administrator that the contractor has failed to ensure, or is not in a position to ensure, that any prescribed work carried out under his or her licence is properly managed or supervised; or

(ba) [Section 90 Subsection (1) amended by No. 9 of 2023, s. 48, Applied:01 Oct 2024] the Administrator is satisfied, on reasonable grounds, that the prescribed work of the contractor is the subject of, or may be the subject of, an order under Division 3 of Part 18 of the Building Act 2016 ; or

(bb) [Section 90 Subsection (1) amended by No. 9 of 2023, s. 48, Applied:01 Oct 2024] the Administrator is satisfied, on reasonable grounds, that the contractor –

(i) is a party to a settlement of a dispute that has been registered by the Director of Building Control under section 53 of the Residential Building Work Contracts and Dispute Resolution Act 2016 ; and

(ii) without lawful excuse, has failed to comply with the terms of the settlement of a dispute so registered; or

(bc) [Section 90 Subsection (1) amended by No. 9 of 2023, s. 48, Applied:01 Oct 2024] the Administrator is satisfied, on reasonable grounds, that the contractor has failed to comply with an order of the Tasmanian Civil and Administrative Tribunal that is in force in respect of the contractor; or

(c) the contractor is not a fit and proper person to hold a contractor's licence; or

(d) where the contractor is a body corporate, any officer of the body corporate is not a fit and proper person to be an officer of the body corporate.