QLDIn ForceAct
Queensland Building and Construction Commission Act 1991
sec.67AZBLimit on demerit points from single audit
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### sec.67AZB Limit on demerit points from single audit
This section applies if a licensee is convicted of demerit offences discovered by the commission as a result of a written notice given to a licensee under section 50C (2) .
The maximum demerit points that may be allocated to the licensee for the convictions for the demerit offences is 20.
Nothing in this section prevents more demerit points being allocated to the licensee for convictions for demerit offences discovered by the commission as a result of a later written notice given under section 50C (2) .
However, more demerit points must not be allocated—
if the earlier notice and the later notice relate to—
the same audit under an approved audit program; or
information received by the commission from the same source; or
for convictions for demerit offences discovered by the commission as a result of a later notice if the offences—
were committed before an earlier notice; and
demerit offences were discovered as a result of the earlier notice and resulted in the allocation of demerit points.
In this section—
approved audit program includes an approved audit program under the Building Industry Fairness (Security of Payment) Act 2017 .
s 67AZB ins 2003 No. 1 s 34
amd 2013 No. 38 s 14 sch 1 ; 2014 No. 57 s 30 ; 2020 No. 24 s 129
(sec.67AZB-ssec.1) This section applies if a licensee is convicted of demerit offences discovered by the commission as a result of a written notice given to a licensee under section 50C (2) .
(sec.67AZB-ssec.2) The maximum demerit points that may be allocated to the licensee for the convictions for the demerit offences is 20.
(sec.67AZB-ssec.3) Nothing in this section prevents more demerit points being allocated to the licensee for convictions for demerit offences discovered by the commission as a result of a later written notice given under section 50C (2) .
(sec.67AZB-ssec.4) However, more demerit points must not be allocated— if the earlier notice and the later notice relate to— the same audit under an approved audit program; or information received by the commission from the same source; or for convictions for demerit offences discovered by the commission as a result of a later notice if the offences— were committed before an earlier notice; and demerit offences were discovered as a result of the earlier notice and resulted in the allocation of demerit points.
(sec.67AZB-ssec.5) In this section— approved audit program includes an approved audit program under the Building Industry Fairness (Security of Payment) Act 2017 .
- (a) if the earlier notice and the later notice relate to— (i) the same audit under an approved audit program; or (ii) information received by the commission from the same source; or
- (i) the same audit under an approved audit program; or
- (ii) information received by the commission from the same source; or
- (b) for convictions for demerit offences discovered by the commission as a result of a later notice if the offences— (i) were committed before an earlier notice; and (ii) demerit offences were discovered as a result of the earlier notice and resulted in the allocation of demerit points.
- (i) were committed before an earlier notice; and
- (ii) demerit offences were discovered as a result of the earlier notice and resulted in the allocation of demerit points.
- (i) the same audit under an approved audit program; or
- (ii) information received by the commission from the same source; or
- (i) were committed before an earlier notice; and
- (ii) demerit offences were discovered as a result of the earlier notice and resulted in the allocation of demerit points.