sec.74CProper grounds for taking disciplinary action against person not a licensee

### sec.74C Proper grounds for taking disciplinary action against person not a licensee Proper grounds exist for taking disciplinary action against a person who is not a licensee if the person— carries out, or undertakes to carry out, building work for which a licence is required without holding a licence of the appropriate class; or has committed an offence involving fraud or dishonesty relating to the performance of building work; or contravenes or is taken to have contravened the Fair Trading Act 1989 in relation to building work carried out by the person; or A contravention of the Fair Trading Act 1989 includes a contravention of the Australian Consumer Law (Queensland) which forms part of that Act. is negligent or incompetent in carrying out building work for which a licence is required; or 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 contravenes a duty under part 6AA , division 2 , subdivision 2 ; or fails to comply with a direction or requirement of an investigator under part 9 relating to a building product that is, or is suspected to be, a non-conforming building product for an intended use. In this section— undertakes to carry out , building work, means enters into a contract to carry out building work or submits a tender or makes an offer to carry out building work, unless the contract, submission or offer is conditional on the person obtaining a licence of the appropriate class. s 74C ins 2014 No. 57 s 38 amd 2017 No. 29 s 14 ; 2018 No. 17 s 192K (sec.74C-ssec.1) Proper grounds exist for taking disciplinary action against a person who is not a licensee if the person— carries out, or undertakes to carry out, building work for which a licence is required without holding a licence of the appropriate class; or has committed an offence involving fraud or dishonesty relating to the performance of building work; or contravenes or is taken to have contravened the Fair Trading Act 1989 in relation to building work carried out by the person; or A contravention of the Fair Trading Act 1989 includes a contravention of the Australian Consumer Law (Queensland) which forms part of that Act. is negligent or incompetent in carrying out building work for which a licence is required; or 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 contravenes a duty under part 6AA , division 2 , subdivision 2 ; or fails to comply with a direction or requirement of an investigator under part 9 relating to a building product that is, or is suspected to be, a non-conforming building product for an intended use. (sec.74C-ssec.2) In this section— undertakes to carry out , building work, means enters into a contract to carry out building work or submits a tender or makes an offer to carry out building work, unless the contract, submission or offer is conditional on the person obtaining a licence of the appropriate class. - (a) carries out, or undertakes to carry out, building work for which a licence is required without holding a licence of the appropriate class; or - (b) has committed an offence involving fraud or dishonesty relating to the performance of building work; or - (c) contravenes or is taken to have contravened the Fair Trading Act 1989 in relation to building work carried out by the person; or Note— A contravention of the Fair Trading Act 1989 includes a contravention of the Australian Consumer Law (Queensland) which forms part of that Act. - (d) is negligent or incompetent in carrying out building work for which a licence is required; or - (e) 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 - (f) contravenes a duty under part 6AA , division 2 , subdivision 2 ; or - (g) fails to comply with a direction or requirement of an investigator under part 9 relating to a building product that is, or is suspected to be, a non-conforming building product for an intended use. - (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