sec.67AJNotice by commission to director, secretary, influential person or nominee about tier 1 defective work

### sec.67AJ Notice by commission to director, secretary, influential person or nominee about tier 1 defective work This section applies if the commission considers that a company has carried out tier 1 defective work after the commencement of this section. The commission may give an individual who was a director or secretary of, or an influential person or nominee for, the company at the time the work was carried out, a written notice stating— details of the tier 1 defective work; and the effect of the director, secretary, influential person or nominee becoming a banned individual for the tier 1 defective work; and an invitation to the director, secretary, influential person or nominee to make written submissions, within a stated period, to satisfy the commission that— the company did not carry out the work stated in the notice; or the work carried out by the company was not tier 1 defective work; or the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the work carried out was not defective; or the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs in relation to the defective work. The stated period must be at least 28 days after the written notice is given to the director, secretary, influential person or nominee. The commission must consider any submissions made by the director, secretary, influential person or nominee. s 67AJ ins 2003 No. 1 s 33 amd 2013 No. 38 s 14 sch 1 (sec.67AJ-ssec.1) This section applies if the commission considers that a company has carried out tier 1 defective work after the commencement of this section. (sec.67AJ-ssec.2) The commission may give an individual who was a director or secretary of, or an influential person or nominee for, the company at the time the work was carried out, a written notice stating— details of the tier 1 defective work; and the effect of the director, secretary, influential person or nominee becoming a banned individual for the tier 1 defective work; and an invitation to the director, secretary, influential person or nominee to make written submissions, within a stated period, to satisfy the commission that— the company did not carry out the work stated in the notice; or the work carried out by the company was not tier 1 defective work; or the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the work carried out was not defective; or the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs in relation to the defective work. (sec.67AJ-ssec.3) The stated period must be at least 28 days after the written notice is given to the director, secretary, influential person or nominee. (sec.67AJ-ssec.4) The commission must consider any submissions made by the director, secretary, influential person or nominee. - (a) details of the tier 1 defective work; and - (b) the effect of the director, secretary, influential person or nominee becoming a banned individual for the tier 1 defective work; and - (c) an invitation to the director, secretary, influential person or nominee to make written submissions, within a stated period, to satisfy the commission that— (i) the company did not carry out the work stated in the notice; or (ii) the work carried out by the company was not tier 1 defective work; or (iii) the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the work carried out was not defective; or (iv) the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs in relation to the defective work. - (i) the company did not carry out the work stated in the notice; or - (ii) the work carried out by the company was not tier 1 defective work; or - (iii) the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the work carried out was not defective; or - (iv) the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs in relation to the defective work. - (i) the company did not carry out the work stated in the notice; or - (ii) the work carried out by the company was not tier 1 defective work; or - (iii) the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the work carried out was not defective; or - (iv) the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs in relation to the defective work.