sec.74BProper grounds for taking disciplinary action against a licensee and former licensees

### sec.74B Proper grounds for taking disciplinary action against a licensee and former licensees Proper grounds exist for taking disciplinary action against a licensee or former licensee if— the licensee contravenes an offence provision of, or a requirement imposed under, this Act, the Building Act 1975 or the Building Industry Fairness (Security of Payment) Act 2017 ; or the licensee is convicted of an indictable offence; or if the licensee is a corporation—a director or secretary of, or an influential person for, the company is not a fit and proper person to exercise control or influence of the company’s affairs; or the licensee is carrying on business under the licence in partnership with a person who is not a fit and proper person to have an interest in the business; or the licensee is bankrupt or insolvent; or the licensee has committed an offence involving fraud or dishonesty relating to the business carried on under the licence; or the licensee knowingly helps a person to carry out building work in contravention of this Act; or the licensee contravenes or is taken to have contravened a relevant Act in relation to building work carried out under the 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 is negligent or incompetent in carrying out building work under the licence; or the licensee fails to comply with— a direction of the commission to rectify building work that is defective or incomplete, or to remedy consequential damage; or a direction given by the commission under section 74AN ; or the licensee contravenes a condition of the licence; or the licensee owes an amount to the commission and fails to comply with a demand by the commission to pay the amount; or the licensee fails to comply with an order of the tribunal; or the licensee fails to pay a subcontractor in compliance with a building contract that is a subcontract under section 67D ; or the licensee contravenes section 67NC . However, proper grounds exist for taking disciplinary action against a former licensee only if the former licensee was a licensee at the time the grounds first existed. In this section— former licensee means a person who was a licensee. grievous bodily harm see the Criminal Code , section 1 . offence provision means a provision creating an offence or civil penalty. relevant Act means— the Fair Trading Act 1989 ; or The Australian Consumer Law (Queensland) forms part of the Fair Trading Act 1989 . 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 74B ins 2014 No. 57 s 38 amd 2017 No. 29 s 13 ; 2017 No. 43 s 285 ; 2018 No. 17 s 197 sch 2 ; 2022 No. 11 s 63 ; 2024 No. 14 s 70 (sec.74B-ssec.1) Proper grounds exist for taking disciplinary action against a licensee or former licensee if— the licensee contravenes an offence provision of, or a requirement imposed under, this Act, the Building Act 1975 or the Building Industry Fairness (Security of Payment) Act 2017 ; or the licensee is convicted of an indictable offence; or if the licensee is a corporation—a director or secretary of, or an influential person for, the company is not a fit and proper person to exercise control or influence of the company’s affairs; or the licensee is carrying on business under the licence in partnership with a person who is not a fit and proper person to have an interest in the business; or the licensee is bankrupt or insolvent; or the licensee has committed an offence involving fraud or dishonesty relating to the business carried on under the licence; or the licensee knowingly helps a person to carry out building work in contravention of this Act; or the licensee contravenes or is taken to have contravened a relevant Act in relation to building work carried out under the 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 is negligent or incompetent in carrying out building work under the licence; or the licensee fails to comply with— a direction of the commission to rectify building work that is defective or incomplete, or to remedy consequential damage; or a direction given by the commission under section 74AN ; or the licensee contravenes a condition of the licence; or the licensee owes an amount to the commission and fails to comply with a demand by the commission to pay the amount; or the licensee fails to comply with an order of the tribunal; or the licensee fails to pay a subcontractor in compliance with a building contract that is a subcontract under section 67D ; or the licensee contravenes section 67NC . (sec.74B-ssec.2) However, proper grounds exist for taking disciplinary action against a former licensee only if the former licensee was a licensee at the time the grounds first existed. (sec.74B-ssec.3) In this section— former licensee means a person who was a licensee. grievous bodily harm see the Criminal Code , section 1 . offence provision means a provision creating an offence or civil penalty. relevant Act means— the Fair Trading Act 1989 ; or The Australian Consumer Law (Queensland) forms part of the Fair Trading Act 1989 . 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 licensee contravenes an offence provision of, or a requirement imposed under, this Act, the Building Act 1975 or the Building Industry Fairness (Security of Payment) Act 2017 ; or - (b) the licensee is convicted of an indictable offence; or - (c) if the licensee is a corporation—a director or secretary of, or an influential person for, the company is not a fit and proper person to exercise control or influence of the company’s affairs; or - (d) the licensee is carrying on business under the licence in partnership with a person who is not a fit and proper person to have an interest in the business; or - (e) the licensee is bankrupt or insolvent; or - (f) the licensee has committed an offence involving fraud or dishonesty relating to the business carried on under the licence; or - (g) the licensee knowingly helps a person to carry out building work in contravention of this Act; or - (h) the licensee contravenes or is taken to have contravened a relevant Act in relation to building work carried out under the licence; or - (ha) 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 - (i) the licensee is negligent or incompetent in carrying out building work under the licence; or - (j) the licensee fails to comply with— (i) a direction of the commission to rectify building work that is defective or incomplete, or to remedy consequential damage; or (ii) a direction given by the commission under section 74AN ; or - (i) a direction of the commission to rectify building work that is defective or incomplete, or to remedy consequential damage; or - (ii) a direction given by the commission under section 74AN ; or - (k) the licensee contravenes a condition of the licence; or - (l) the licensee owes an amount to the commission and fails to comply with a demand by the commission to pay the amount; or - (m) the licensee fails to comply with an order of the tribunal; or - (n) the licensee fails to pay a subcontractor in compliance with a building contract that is a subcontract under section 67D ; or - (r) the licensee contravenes section 67NC . - (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) a direction of the commission to rectify building work that is defective or incomplete, or to remedy consequential damage; or - (ii) a direction given by the commission under section 74AN ; or - (a) the Fair Trading Act 1989 ; or Note— The Australian Consumer Law (Queensland) forms part of the Fair Trading Act 1989 . - (b) the Plumbing and Drainage Act 2018 ; or - (c) the Work Health and Safety Act 2011 ; or - (d) the Electrical Safety Act 2002 ; or - (e) the Public Health Act 2005 ; or - (f) another Act prescribed by regulation.