QLDIn ForceAct
Queensland Building and Construction Commission Act 1991
sec.48Cancellation or suspension of licence
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### sec.48 Cancellation or suspension of licence
The commission may suspend or cancel a licence if—
the licence was obtained on the basis of incorrect information supplied to the commission, whether or not fraud was intended; or
the licence was obtained by fraud or other improper means; or
the licensee is convicted of an indictable offence or an offence that, if committed in Queensland, would be an indictable offence; or
the licensee is a company and it ceases, for a period exceeding 28 days, to have a nominee holding a licence authorising supervision of building work of the appropriate class or classes; or
the licensee is convicted of—
an offence against this Act or the Building Act 1975 ; or
an offence against a relevant Act in relation to building work carried out under the licence; or
the licensee contravened a condition to which the licence is subject under section 35 or that is imposed under section 36 on the licensee’s licence; or
building or other work on a building site under the licensee’s control, or carried out under the licence, may have—
caused the death of, or grievous bodily harm to, a person; or
involved a serious risk to the health or safety of a person; or
the licensee owes an amount to the commission and fails to comply with a demand by the commission to discharge the debt; or
the licensee fails to comply with a written request by the commission under this Act; or
the commission becomes aware of the existence of facts that, having regard to section 31 (1) (a) or (2) (a) , or 32(1)(g), or 32AA(1)(e), or 32AB(1)(d)—
would allow the commission to refuse to issue the licence if it were now being applied for by the licensee; or
would have allowed the commission to refuse to issue the licence originally.
Also, the commission may suspend or cancel a licence if the licensee holds or has held an interstate or New Zealand licence and the commission is satisfied the interstate or New Zealand licence has been suspended or cancelled.
In this section—
grievous bodily harm see the Criminal Code , section 1 .
relevant Act means—
the Plumbing and Drainage Act 2018 ; or
the Work Health and Safety Act 2011 ; or
the Electrical Safety Act 2002 ; or
the Public Health Act 2005 ; or
another Act prescribed by regulation.
s 48 amd 1994 No. 20 s 17 ; 1999 No. 43 s 23 ; 2000 No. 16 s 590 sch 1 pt 2 ; 2003 No. 1 s 19 ; 2007 No. 47 s 20 ; 2013 No. 38 s 14 sch 1 ; 2017 No. 29 s 9 ; 2018 No. 17 s 197 sch 2 ; 2020 No. 24 ss 116 , 136 ; 2024 No. 14 s 67
(sec.48-ssec.1) The commission may suspend or cancel a licence if— the licence was obtained on the basis of incorrect information supplied to the commission, whether or not fraud was intended; or the licence was obtained by fraud or other improper means; or the licensee is convicted of an indictable offence or an offence that, if committed in Queensland, would be an indictable offence; or the licensee is a company and it ceases, for a period exceeding 28 days, to have a nominee holding a licence authorising supervision of building work of the appropriate class or classes; or the licensee is convicted of— an offence against this Act or the Building Act 1975 ; or an offence against a relevant Act in relation to building work carried out under the licence; or the licensee contravened a condition to which the licence is subject under section 35 or that is imposed under section 36 on the licensee’s licence; or building or other work on a building site under the licensee’s control, or carried out under the licence, may have— caused the death of, or grievous bodily harm to, a person; or involved a serious risk to the health or safety of a person; or the licensee owes an amount to the commission and fails to comply with a demand by the commission to discharge the debt; or the licensee fails to comply with a written request by the commission under this Act; or the commission becomes aware of the existence of facts that, having regard to section 31 (1) (a) or (2) (a) , or 32(1)(g), or 32AA(1)(e), or 32AB(1)(d)— would allow the commission to refuse to issue the licence if it were now being applied for by the licensee; or would have allowed the commission to refuse to issue the licence originally.
(sec.48-ssec.2) Also, the commission may suspend or cancel a licence if the licensee holds or has held an interstate or New Zealand licence and the commission is satisfied the interstate or New Zealand licence has been suspended or cancelled.
(sec.48-ssec.3) In this section— grievous bodily harm see the Criminal Code , section 1 . relevant Act means— the Plumbing and Drainage Act 2018 ; or the Work Health and Safety Act 2011 ; or the Electrical Safety Act 2002 ; or the Public Health Act 2005 ; or another Act prescribed by regulation.
- (a) the licence was obtained on the basis of incorrect information supplied to the commission, whether or not fraud was intended; or
- (b) the licence was obtained by fraud or other improper means; or
- (c) the licensee is convicted of an indictable offence or an offence that, if committed in Queensland, would be an indictable offence; or
- (d) the licensee is a company and it ceases, for a period exceeding 28 days, to have a nominee holding a licence authorising supervision of building work of the appropriate class or classes; or
- (e) the licensee is convicted of— (i) an offence against this Act or the Building Act 1975 ; or (ii) an offence against a relevant Act in relation to building work carried out under the licence; or
- (i) an offence against this Act or the Building Act 1975 ; or
- (ii) an offence against a relevant Act in relation to building work carried out under the licence; or
- (f) the licensee contravened a condition to which the licence is subject under section 35 or that is imposed under section 36 on the licensee’s licence; or
- (g) building or other work on a building site under the licensee’s control, or carried out under the licence, may have— (i) caused the death of, or grievous bodily harm to, a person; or (ii) involved a serious risk to the health or safety of a person; or
- (i) caused the death of, or grievous bodily harm to, a person; or
- (ii) involved a serious risk to the health or safety of a person; or
- (h) the licensee owes an amount to the commission and fails to comply with a demand by the commission to discharge the debt; or
- (i) the licensee fails to comply with a written request by the commission under this Act; or
- (j) the commission becomes aware of the existence of facts that, having regard to section 31 (1) (a) or (2) (a) , or 32(1)(g), or 32AA(1)(e), or 32AB(1)(d)— (i) would allow the commission to refuse to issue the licence if it were now being applied for by the licensee; or (ii) would have allowed the commission to refuse to issue the licence originally.
- (i) would allow the commission to refuse to issue the licence if it were now being applied for by the licensee; or
- (ii) would have allowed the commission to refuse to issue the licence originally.
- (i) an offence against this Act or the Building Act 1975 ; or
- (ii) an offence against a relevant Act in relation to building work carried out under the licence; or
- (i) caused the death of, or grievous bodily harm to, a person; or
- (ii) involved a serious risk to the health or safety of a person; or
- (i) would allow the commission to refuse to issue the licence if it were now being applied for by the licensee; or
- (ii) would have allowed the commission to refuse to issue the licence originally.
- (a) the Plumbing and Drainage Act 2018 ; or
- (b) the Work Health and Safety Act 2011 ; or
- (c) the Electrical Safety Act 2002 ; or
- (d) the Public Health Act 2005 ; or
- (e) another Act prescribed by regulation.