QLDIn ForceAct
Queensland Building and Construction Commission Act 1991
sec.74GWhen disciplinary action takes effect
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### sec.74G When disciplinary action takes effect
If the commission decides to take disciplinary action against a person under section 74F , the action takes effect from the later of the following days—
the day that is 29 days after the person is given notice of the decision under section 74F (5) ;
the day stated in the notice of the decision under section 74F (5) .
However, the decision to take the disciplinary action is stayed if—
the disciplinary action relates to any matter other than a matter mentioned in section 74B (1) (j) or 74C (1) (e) ; and
the person applies to the commission to have the decision reviewed under section 86A .
The stay under subsection (2) is only for the period of a proceeding to decide the review.
The person need not comply with the disciplinary action if—
the person applied to the tribunal for a review of the decision under section 87 ; and
the tribunal orders a stay of the decision.
The commission may recover an amount imposed as a penalty, as a debt, from the person on whom the penalty is imposed.
Subsection (7) applies if the decision to take the disciplinary action is stayed under subsection (2) or the tribunal orders a stay of the decision.
The decision to take the disciplinary action is taken not to have taken effect for the duration of the stay.
s 74G ins 2014 No. 57 s 38
(sec.74G-ssec.1) If the commission decides to take disciplinary action against a person under section 74F , the action takes effect from the later of the following days— the day that is 29 days after the person is given notice of the decision under section 74F (5) ; the day stated in the notice of the decision under section 74F (5) .
(sec.74G-ssec.2) However, the decision to take the disciplinary action is stayed if— the disciplinary action relates to any matter other than a matter mentioned in section 74B (1) (j) or 74C (1) (e) ; and the person applies to the commission to have the decision reviewed under section 86A .
(sec.74G-ssec.3) The stay under subsection (2) is only for the period of a proceeding to decide the review.
(sec.74G-ssec.4) The person need not comply with the disciplinary action if— the person applied to the tribunal for a review of the decision under section 87 ; and the tribunal orders a stay of the decision.
(sec.74G-ssec.5) The commission may recover an amount imposed as a penalty, as a debt, from the person on whom the penalty is imposed.
(sec.74G-ssec.6) Subsection (7) applies if the decision to take the disciplinary action is stayed under subsection (2) or the tribunal orders a stay of the decision.
(sec.74G-ssec.7) The decision to take the disciplinary action is taken not to have taken effect for the duration of the stay.
- (a) the day that is 29 days after the person is given notice of the decision under section 74F (5) ;
- (b) the day stated in the notice of the decision under section 74F (5) .
- (a) the disciplinary action relates to any matter other than a matter mentioned in section 74B (1) (j) or 74C (1) (e) ; and
- (b) the person applies to the commission to have the decision reviewed under section 86A .
- (a) the person applied to the tribunal for a review of the decision under section 87 ; and
- (b) the tribunal orders a stay of the decision.