sec.31Entitlement to contractor’s licence

### sec.31 Entitlement to contractor’s licence A person (not being a company) is entitled to a contractor’s licence if the commission is, on application by that person, satisfied that— the applicant is a fit and proper person to hold the licence; and the applicant has the qualifications and experience required by regulation in relation to a licence of the relevant class; and the applicant satisfies the minimum financial requirements for the licence; and the applicant can lawfully work in Queensland; and the applicant is not an excluded individual for a relevant event or a permanently excluded individual; and the applicant is not a disqualified individual; and the applicant is not a banned individual; and the applicant does not have an unpaid judgment debt for an amount the commission may recover under section 71 . A company is entitled to a contractor’s licence if the commission is satisfied, on application by that company for a licence, that— the directors, secretary and influential persons for the company are fit and proper persons to exercise control or influence over a company that holds a contractor’s licence; and the company’s nominee holds a licence specifically identifying, as a class of building work that the nominee may supervise, the same class of building work for which the licence is sought by the company; and the applicant satisfies the minimum financial requirements for the licence; and the company is not an excluded company; and the company is not a company for which a banned or disqualified individual is a director, secretary, influential person or nominee; and neither the company, nor a director, secretary, influential person or nominee of the company has an unpaid judgment debt for an amount the commission may recover under section 71 . In deciding whether a particular person is a fit and proper person to hold a contractor’s licence or to exercise control or influence over a company that holds a contractor’s licence, the commission may have regard to— commercial and other dealings in which that person has been involved and the standard of honesty and integrity demonstrated in those dealings; and any failure by that person to carry out commercial or statutory obligations and the reasons for the failure; and tier 1 defective work carried out by the person, whether or not the person received a notice under section 67AH , 67AI , 67AL or 67AM stating a term of ban for the work; and if the person is an enforcement debtor under an enforcement order for an infringement notice offence for this Act—whether the person has taken steps under the State Penalties Enforcement Act 1999 to discharge the amount stated in the enforcement order; and if the person holds or has held an interstate or New Zealand licence—whether the licence has been suspended or cancelled; and any other relevant factor. However, the commission may not have regard to the matter mentioned in subsection (3) (d) if— the person has applied for cancellation of the relevant enforcement order and the application for cancellation has not been finally decided; or 28 days have not elapsed since the date of the enforcement order. s 31 amd 1999 No. 43 s 14 ; 2003 No. 1 s 10 ; 2007 No. 47 s 7 ; 2013 No. 38 s 14 sch 1 ; 2014 No. 57 s 80 sch 1 ; 2017 No. 43 s 257 ; 2020 No. 24 s 112 (sec.31-ssec.1) A person (not being a company) is entitled to a contractor’s licence if the commission is, on application by that person, satisfied that— the applicant is a fit and proper person to hold the licence; and the applicant has the qualifications and experience required by regulation in relation to a licence of the relevant class; and the applicant satisfies the minimum financial requirements for the licence; and the applicant can lawfully work in Queensland; and the applicant is not an excluded individual for a relevant event or a permanently excluded individual; and the applicant is not a disqualified individual; and the applicant is not a banned individual; and the applicant does not have an unpaid judgment debt for an amount the commission may recover under section 71 . (sec.31-ssec.2) A company is entitled to a contractor’s licence if the commission is satisfied, on application by that company for a licence, that— the directors, secretary and influential persons for the company are fit and proper persons to exercise control or influence over a company that holds a contractor’s licence; and the company’s nominee holds a licence specifically identifying, as a class of building work that the nominee may supervise, the same class of building work for which the licence is sought by the company; and the applicant satisfies the minimum financial requirements for the licence; and the company is not an excluded company; and the company is not a company for which a banned or disqualified individual is a director, secretary, influential person or nominee; and neither the company, nor a director, secretary, influential person or nominee of the company has an unpaid judgment debt for an amount the commission may recover under section 71 . (sec.31-ssec.3) In deciding whether a particular person is a fit and proper person to hold a contractor’s licence or to exercise control or influence over a company that holds a contractor’s licence, the commission may have regard to— commercial and other dealings in which that person has been involved and the standard of honesty and integrity demonstrated in those dealings; and any failure by that person to carry out commercial or statutory obligations and the reasons for the failure; and tier 1 defective work carried out by the person, whether or not the person received a notice under section 67AH , 67AI , 67AL or 67AM stating a term of ban for the work; and if the person is an enforcement debtor under an enforcement order for an infringement notice offence for this Act—whether the person has taken steps under the State Penalties Enforcement Act 1999 to discharge the amount stated in the enforcement order; and if the person holds or has held an interstate or New Zealand licence—whether the licence has been suspended or cancelled; and any other relevant factor. (sec.31-ssec.4) However, the commission may not have regard to the matter mentioned in subsection (3) (d) if— the person has applied for cancellation of the relevant enforcement order and the application for cancellation has not been finally decided; or 28 days have not elapsed since the date of the enforcement order. - (a) the applicant is a fit and proper person to hold the licence; and - (b) the applicant has the qualifications and experience required by regulation in relation to a licence of the relevant class; and - (c) the applicant satisfies the minimum financial requirements for the licence; and - (d) the applicant can lawfully work in Queensland; and - (e) the applicant is not an excluded individual for a relevant event or a permanently excluded individual; and - (f) the applicant is not a disqualified individual; and - (g) the applicant is not a banned individual; and - (h) the applicant does not have an unpaid judgment debt for an amount the commission may recover under section 71 . - (a) the directors, secretary and influential persons for the company are fit and proper persons to exercise control or influence over a company that holds a contractor’s licence; and - (b) the company’s nominee holds a licence specifically identifying, as a class of building work that the nominee may supervise, the same class of building work for which the licence is sought by the company; and - (c) the applicant satisfies the minimum financial requirements for the licence; and - (d) the company is not an excluded company; and - (e) the company is not a company for which a banned or disqualified individual is a director, secretary, influential person or nominee; and - (f) neither the company, nor a director, secretary, influential person or nominee of the company has an unpaid judgment debt for an amount the commission may recover under section 71 . - (a) commercial and other dealings in which that person has been involved and the standard of honesty and integrity demonstrated in those dealings; and - (b) any failure by that person to carry out commercial or statutory obligations and the reasons for the failure; and - (c) tier 1 defective work carried out by the person, whether or not the person received a notice under section 67AH , 67AI , 67AL or 67AM stating a term of ban for the work; and - (d) if the person is an enforcement debtor under an enforcement order for an infringement notice offence for this Act—whether the person has taken steps under the State Penalties Enforcement Act 1999 to discharge the amount stated in the enforcement order; and - (e) if the person holds or has held an interstate or New Zealand licence—whether the licence has been suspended or cancelled; and - (f) any other relevant factor. - (a) the person has applied for cancellation of the relevant enforcement order and the application for cancellation has not been finally decided; or - (b) 28 days have not elapsed since the date of the enforcement order.