QLDIn ForceAct
Queensland Building and Construction Commission Act 1991
sec.36Subsequent imposition of conditions etc.
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### sec.36 Subsequent imposition of conditions etc.
If the commission has reason to believe—
that a licensee may have insufficient financial resources to meet possible liabilities in relation to building work; or
that there is some other proper ground for imposing a condition on the licence;
the commission may notify the licensee of the proposed condition and invite the licensee, within a period specified in the notice, to make written representations on the proposal.
After considering the written representations (if any) made by the licensee, the commission, if satisfied that the condition is appropriate, may, by notice to the licensee, impose the condition.
A condition may be imposed preventing the licensee from continuing to carry on business until the licensee has lodged with the commission appropriate security against possible liabilities in relation to building work.
A condition may be imposed requiring the licensee to complete a course module included in technical or managerial national competency standards relevant to the building industry.
A condition may be imposed requiring the licensee to give to the commission specified documents that relate to the licensee’s obligations under part 4 or schedule 1B .
Subsections (3) , (3A) and (3B) do not limit the power to impose conditions under subsection (2) .
A notice imposing a condition must inform the licensee of the licensee’s right to apply for a review of the commission’s decision to impose the condition.
s 36 amd 1999 No. 43 s 18 ; 2003 No. 1 s 14 ; 2013 No. 38 s 14 sch 1 ; 2014 No. 57 s 80 sch 1 ; 2020 No. 24 s 115B
(sec.36-ssec.1) If the commission has reason to believe— that a licensee may have insufficient financial resources to meet possible liabilities in relation to building work; or that there is some other proper ground for imposing a condition on the licence; the commission may notify the licensee of the proposed condition and invite the licensee, within a period specified in the notice, to make written representations on the proposal.
(sec.36-ssec.2) After considering the written representations (if any) made by the licensee, the commission, if satisfied that the condition is appropriate, may, by notice to the licensee, impose the condition.
(sec.36-ssec.3) A condition may be imposed preventing the licensee from continuing to carry on business until the licensee has lodged with the commission appropriate security against possible liabilities in relation to building work.
(sec.36-ssec.3A) A condition may be imposed requiring the licensee to complete a course module included in technical or managerial national competency standards relevant to the building industry.
(sec.36-ssec.3B) A condition may be imposed requiring the licensee to give to the commission specified documents that relate to the licensee’s obligations under part 4 or schedule 1B .
(sec.36-ssec.3C) Subsections (3) , (3A) and (3B) do not limit the power to impose conditions under subsection (2) .
(sec.36-ssec.5) A notice imposing a condition must inform the licensee of the licensee’s right to apply for a review of the commission’s decision to impose the condition.
- (a) that a licensee may have insufficient financial resources to meet possible liabilities in relation to building work; or
- (b) that there is some other proper ground for imposing a condition on the licence;