sec.44BCriteria for granting application for permit

### sec.44B Criteria for granting application for permit The commission may grant the application only if the commission is satisfied— that the applicant, or each applicant, is the owner of the land; and that an applicant, or a director of a company that is an applicant, has successfully completed an owner-builder course; and if the applicant, or any of the applicants, is an individual, that none of the following has been issued with a permit in the 6 years preceding the application— the applicant, or any of the applicants; a company for which an applicant who is an individual is or was a director; and if the applicant, or any of the applicants, is a company, that none of the following has been issued with a permit in the 6 years preceding the application— the applicant, or any of the applicants; an individual who is or was a director of the company; and if the applicant, or any of the applicants, is an individual, that none of the following has had an owner-builder permit cancelled in the 3 years preceding the application— the applicant, or any of the applicants; a company for which an applicant who is an individual is or was a director; and if the applicant, or any of the applicants, is a company, that none of the following has had an owner-builder permit cancelled in the 3 years preceding the application— the applicant, or any of the applicants; an individual who is or was a director of the company; and none of the applicants is a banned individual; and if an applicant is a company, that none of the directors of the company is a banned individual; and each applicant is a fit and proper person to hold a permit. In deciding whether an applicant is a fit and proper person, the commission may have regard only to— tier 1 defective work carried out by the following persons, whether or not the person received a notice under section 67AH , 67AI , 67AL or 67AM stating a term of ban for the work— the applicant; if the applicant is a company, a director of the applicant; and if the applicant, or a director of the applicant, is an enforcement debtor under an enforcement order for an infringement notice offence for this Act—whether the applicant or director has taken steps under the State Penalties Enforcement Act 1999 to discharge the amount stated in the enforcement order. However, the commission may not have regard to the matter mentioned in subsection (2) (b) if— the applicant or director 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. Despite subsection (1) (c) and (d) , the commission may grant an application if— a regulation prescribes exceptional circumstances in which the commission may grant an application even though a previous permit has been issued in the 6 years preceding the application; and the commission considers the applicant is able to show the exceptional circumstances. s 44B ins 2007 No. 47 s 18 amd 2013 No. 38 s 14 sch 1 ; 2014 No. 57 s 80 sch 1 (sec.44B-ssec.1) The commission may grant the application only if the commission is satisfied— that the applicant, or each applicant, is the owner of the land; and that an applicant, or a director of a company that is an applicant, has successfully completed an owner-builder course; and if the applicant, or any of the applicants, is an individual, that none of the following has been issued with a permit in the 6 years preceding the application— the applicant, or any of the applicants; a company for which an applicant who is an individual is or was a director; and if the applicant, or any of the applicants, is a company, that none of the following has been issued with a permit in the 6 years preceding the application— the applicant, or any of the applicants; an individual who is or was a director of the company; and if the applicant, or any of the applicants, is an individual, that none of the following has had an owner-builder permit cancelled in the 3 years preceding the application— the applicant, or any of the applicants; a company for which an applicant who is an individual is or was a director; and if the applicant, or any of the applicants, is a company, that none of the following has had an owner-builder permit cancelled in the 3 years preceding the application— the applicant, or any of the applicants; an individual who is or was a director of the company; and none of the applicants is a banned individual; and if an applicant is a company, that none of the directors of the company is a banned individual; and each applicant is a fit and proper person to hold a permit. (sec.44B-ssec.2) In deciding whether an applicant is a fit and proper person, the commission may have regard only to— tier 1 defective work carried out by the following persons, whether or not the person received a notice under section 67AH , 67AI , 67AL or 67AM stating a term of ban for the work— the applicant; if the applicant is a company, a director of the applicant; and if the applicant, or a director of the applicant, is an enforcement debtor under an enforcement order for an infringement notice offence for this Act—whether the applicant or director has taken steps under the State Penalties Enforcement Act 1999 to discharge the amount stated in the enforcement order. (sec.44B-ssec.3) However, the commission may not have regard to the matter mentioned in subsection (2) (b) if— the applicant or director 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. (sec.44B-ssec.4) Despite subsection (1) (c) and (d) , the commission may grant an application if— a regulation prescribes exceptional circumstances in which the commission may grant an application even though a previous permit has been issued in the 6 years preceding the application; and the commission considers the applicant is able to show the exceptional circumstances. - (a) that the applicant, or each applicant, is the owner of the land; and - (b) that an applicant, or a director of a company that is an applicant, has successfully completed an owner-builder course; and - (c) if the applicant, or any of the applicants, is an individual, that none of the following has been issued with a permit in the 6 years preceding the application— (i) the applicant, or any of the applicants; (ii) a company for which an applicant who is an individual is or was a director; and - (i) the applicant, or any of the applicants; - (ii) a company for which an applicant who is an individual is or was a director; and - (d) if the applicant, or any of the applicants, is a company, that none of the following has been issued with a permit in the 6 years preceding the application— (i) the applicant, or any of the applicants; (ii) an individual who is or was a director of the company; and - (i) the applicant, or any of the applicants; - (ii) an individual who is or was a director of the company; and - (e) if the applicant, or any of the applicants, is an individual, that none of the following has had an owner-builder permit cancelled in the 3 years preceding the application— (i) the applicant, or any of the applicants; (ii) a company for which an applicant who is an individual is or was a director; and - (i) the applicant, or any of the applicants; - (ii) a company for which an applicant who is an individual is or was a director; and - (f) if the applicant, or any of the applicants, is a company, that none of the following has had an owner-builder permit cancelled in the 3 years preceding the application— (i) the applicant, or any of the applicants; (ii) an individual who is or was a director of the company; and - (i) the applicant, or any of the applicants; - (ii) an individual who is or was a director of the company; and - (g) none of the applicants is a banned individual; and - (h) if an applicant is a company, that none of the directors of the company is a banned individual; and - (i) each applicant is a fit and proper person to hold a permit. - (i) the applicant, or any of the applicants; - (ii) a company for which an applicant who is an individual is or was a director; and - (i) the applicant, or any of the applicants; - (ii) an individual who is or was a director of the company; and - (i) the applicant, or any of the applicants; - (ii) a company for which an applicant who is an individual is or was a director; and - (i) the applicant, or any of the applicants; - (ii) an individual who is or was a director of the company; and - (a) tier 1 defective work carried out by the following persons, whether or not the person received a notice under section 67AH , 67AI , 67AL or 67AM stating a term of ban for the work— (i) the applicant; (ii) if the applicant is a company, a director of the applicant; and - (i) the applicant; - (ii) if the applicant is a company, a director of the applicant; and - (b) if the applicant, or a director of the applicant, is an enforcement debtor under an enforcement order for an infringement notice offence for this Act—whether the applicant or director has taken steps under the State Penalties Enforcement Act 1999 to discharge the amount stated in the enforcement order. - (i) the applicant; - (ii) if the applicant is a company, a director of the applicant; and - (a) the applicant or director 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. - (a) a regulation prescribes exceptional circumstances in which the commission may grant an application even though a previous permit has been issued in the 6 years preceding the application; and - (b) the commission considers the applicant is able to show the exceptional circumstances.