QLDIn ForceAct
Queensland Building and Construction Commission Act 1991
sec.50CSupply of financial records and other documents under approved audit program or for other reason
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### sec.50C Supply of financial records and other documents under approved audit program or for other reason
This section applies to a licensee if—
the licensee is selected to be audited under an approved audit program; or
the commission is satisfied, because of information received by the commission, there are reasonable grounds for concern that—
the licensee does not satisfy the relevant minimum financial requirements; or
the licensee is not, or has not been, complying with the provision of an Act mentioned in section 50A (1) .
The commission may give a written notice to the licensee requiring the licensee to give the commission copies of, or access to—
the financial records described in the notice; or
the documents described in the notice that relate to the licensee’s obligations under the provision of an Act mentioned in section 50A (1) .
The written notice may describe only—
the financial records of the licensee the commission reasonably requires for deciding whether the licensee satisfies the relevant minimum financial requirements; or
the documents the commission reasonably requires for deciding whether the licensee is, or has been, complying with the provision of an Act mentioned in section 50A (1) .
The licensee must comply with the written notice within 21 days after the licensee receives the written notice, unless the licensee has a reasonable excuse.
Maximum penalty—100 penalty units.
It is not a reasonable excuse to fail to comply with the written notice that complying with the notice might tend to incriminate the person.
Also, if the licensee does not comply with the written notice within 21 days after the licensee receives it, the licensee is taken, for section 48 (1) (f) , to have contravened a condition imposed under section 36 on the licensee’s licence.
In this section—
licensee includes a pool safety inspector under the Building Act 1975 .
s 50C ins 1999 No. 43 s 25
amd 2003 No. 1 s 22 ; 2007 No. 47 s 23 ; 2013 No. 38 s 14 sch 1 ; 2014 No. 57 s 16 ; 2017 No. 29 s 34 sch 1 ; 2017 No. 43 s 267 ; 2020 No. 24 s 137
(sec.50C-ssec.1) This section applies to a licensee if— the licensee is selected to be audited under an approved audit program; or the commission is satisfied, because of information received by the commission, there are reasonable grounds for concern that— the licensee does not satisfy the relevant minimum financial requirements; or the licensee is not, or has not been, complying with the provision of an Act mentioned in section 50A (1) .
(sec.50C-ssec.2) The commission may give a written notice to the licensee requiring the licensee to give the commission copies of, or access to— the financial records described in the notice; or the documents described in the notice that relate to the licensee’s obligations under the provision of an Act mentioned in section 50A (1) .
(sec.50C-ssec.3) The written notice may describe only— the financial records of the licensee the commission reasonably requires for deciding whether the licensee satisfies the relevant minimum financial requirements; or the documents the commission reasonably requires for deciding whether the licensee is, or has been, complying with the provision of an Act mentioned in section 50A (1) .
(sec.50C-ssec.4) The licensee must comply with the written notice within 21 days after the licensee receives the written notice, unless the licensee has a reasonable excuse. Maximum penalty—100 penalty units.
(sec.50C-ssec.4A) It is not a reasonable excuse to fail to comply with the written notice that complying with the notice might tend to incriminate the person.
(sec.50C-ssec.5) Also, if the licensee does not comply with the written notice within 21 days after the licensee receives it, the licensee is taken, for section 48 (1) (f) , to have contravened a condition imposed under section 36 on the licensee’s licence.
(sec.50C-ssec.6) In this section— licensee includes a pool safety inspector under the Building Act 1975 .
- (a) the licensee is selected to be audited under an approved audit program; or
- (b) the commission is satisfied, because of information received by the commission, there are reasonable grounds for concern that— (i) the licensee does not satisfy the relevant minimum financial requirements; or (ii) the licensee is not, or has not been, complying with the provision of an Act mentioned in section 50A (1) .
- (i) the licensee does not satisfy the relevant minimum financial requirements; or
- (ii) the licensee is not, or has not been, complying with the provision of an Act mentioned in section 50A (1) .
- (i) the licensee does not satisfy the relevant minimum financial requirements; or
- (ii) the licensee is not, or has not been, complying with the provision of an Act mentioned in section 50A (1) .
- (a) the financial records described in the notice; or
- (b) the documents described in the notice that relate to the licensee’s obligations under the provision of an Act mentioned in section 50A (1) .
- (a) the financial records of the licensee the commission reasonably requires for deciding whether the licensee satisfies the relevant minimum financial requirements; or
- (b) the documents the commission reasonably requires for deciding whether the licensee is, or has been, complying with the provision of an Act mentioned in section 50A (1) .