sec.67AHNotice of cancellation and that not a fit and proper person to individual who is a licensee

### sec.67AH Notice of cancellation and that not a fit and proper person to individual who is a licensee For an individual who is a licensee, subsection (3) applies if, after considering the submissions made by the individual for the notice under section 67AF (2) , the commission— still considers that— the individual carried out the work stated in the notice; and the work carried out was tier 1 defective work; and is not satisfied that the individual exercised reasonable diligence to ensure that the work carried out was not defective. Subsection (3) also applies if there are no submissions for the notice under section 67AF (2) . The commission must, by written notice given to the individual— inform the individual that the commission— still considers— that the individual carried out the work stated in the notice; and the work carried out was tier 1 defective work; and is not satisfied that the individual exercised reasonable diligence to ensure that the work carried out was not defective; and cancel the individual’s licence; and inform the individual— that the individual is taken not to be a fit and proper person for part 3 , division 2 , for the term calculated under section 67AO and stated in the notice; and of the individual’s right to apply to the tribunal for a review of the commission’s decision; and how, and the period within which, the individual may apply to the tribunal for the review; and any right the individual has to have the operation of the commission’s decision stayed by the tribunal. An individual who is given notice that they are taken not to be a fit and proper person (a banned individual ) for a stated term may have the commission’s decision reviewed under section 86 (1) (n) . An individual given notice under subsection (3) is taken not to be a fit and proper person for part 3 , division 2 as stated in the notice. Section 49 does not apply to a cancellation under subsection (3) . s 67AH ins 2003 No. 1 s 33 amd 2009 No. 24 s 1674 ; 2013 No. 38 s 14 sch 1 (sec.67AH-ssec.1) For an individual who is a licensee, subsection (3) applies if, after considering the submissions made by the individual for the notice under section 67AF (2) , the commission— still considers that— the individual carried out the work stated in the notice; and the work carried out was tier 1 defective work; and is not satisfied that the individual exercised reasonable diligence to ensure that the work carried out was not defective. (sec.67AH-ssec.2) Subsection (3) also applies if there are no submissions for the notice under section 67AF (2) . (sec.67AH-ssec.3) The commission must, by written notice given to the individual— inform the individual that the commission— still considers— that the individual carried out the work stated in the notice; and the work carried out was tier 1 defective work; and is not satisfied that the individual exercised reasonable diligence to ensure that the work carried out was not defective; and cancel the individual’s licence; and inform the individual— that the individual is taken not to be a fit and proper person for part 3 , division 2 , for the term calculated under section 67AO and stated in the notice; and of the individual’s right to apply to the tribunal for a review of the commission’s decision; and how, and the period within which, the individual may apply to the tribunal for the review; and any right the individual has to have the operation of the commission’s decision stayed by the tribunal. An individual who is given notice that they are taken not to be a fit and proper person (a banned individual ) for a stated term may have the commission’s decision reviewed under section 86 (1) (n) . (sec.67AH-ssec.4) An individual given notice under subsection (3) is taken not to be a fit and proper person for part 3 , division 2 as stated in the notice. (sec.67AH-ssec.5) Section 49 does not apply to a cancellation under subsection (3) . - (a) still considers that— (i) the individual carried out the work stated in the notice; and (ii) the work carried out was tier 1 defective work; and - (i) the individual carried out the work stated in the notice; and - (ii) the work carried out was tier 1 defective work; and - (b) is not satisfied that the individual exercised reasonable diligence to ensure that the work carried out was not defective. - (i) the individual carried out the work stated in the notice; and - (ii) the work carried out was tier 1 defective work; and - (a) inform the individual that the commission— (i) still considers— (A) that the individual carried out the work stated in the notice; and (B) the work carried out was tier 1 defective work; and (ii) is not satisfied that the individual exercised reasonable diligence to ensure that the work carried out was not defective; and - (i) still considers— (A) that the individual carried out the work stated in the notice; and (B) the work carried out was tier 1 defective work; and - (A) that the individual carried out the work stated in the notice; and - (B) the work carried out was tier 1 defective work; and - (ii) is not satisfied that the individual exercised reasonable diligence to ensure that the work carried out was not defective; and - (b) cancel the individual’s licence; and - (c) inform the individual— (i) that the individual is taken not to be a fit and proper person for part 3 , division 2 , for the term calculated under section 67AO and stated in the notice; and (ii) of the individual’s right to apply to the tribunal for a review of the commission’s decision; and (iii) how, and the period within which, the individual may apply to the tribunal for the review; and (iv) any right the individual has to have the operation of the commission’s decision stayed by the tribunal. Note— An individual who is given notice that they are taken not to be a fit and proper person (a banned individual ) for a stated term may have the commission’s decision reviewed under section 86 (1) (n) . - (i) that the individual is taken not to be a fit and proper person for part 3 , division 2 , for the term calculated under section 67AO and stated in the notice; and - (ii) of the individual’s right to apply to the tribunal for a review of the commission’s decision; and - (iii) how, and the period within which, the individual may apply to the tribunal for the review; and - (iv) any right the individual has to have the operation of the commission’s decision stayed by the tribunal. Note— An individual who is given notice that they are taken not to be a fit and proper person (a banned individual ) for a stated term may have the commission’s decision reviewed under section 86 (1) (n) . - (i) still considers— (A) that the individual carried out the work stated in the notice; and (B) the work carried out was tier 1 defective work; and - (A) that the individual carried out the work stated in the notice; and - (B) the work carried out was tier 1 defective work; and - (ii) is not satisfied that the individual exercised reasonable diligence to ensure that the work carried out was not defective; and - (A) that the individual carried out the work stated in the notice; and - (B) the work carried out was tier 1 defective work; and - (i) that the individual is taken not to be a fit and proper person for part 3 , division 2 , for the term calculated under section 67AO and stated in the notice; and - (ii) of the individual’s right to apply to the tribunal for a review of the commission’s decision; and - (iii) how, and the period within which, the individual may apply to the tribunal for the review; and - (iv) any right the individual has to have the operation of the commission’s decision stayed by the tribunal. Note— An individual who is given notice that they are taken not to be a fit and proper person (a banned individual ) for a stated term may have the commission’s decision reviewed under section 86 (1) (n) .