171FExcluded persons

171F Excluded persons (1) For the purposes of this Part, a person is an excluded person for registration as a building practitioner in a category or class (a ***relevant registration***) if— (a) the person is disqualified by an order of a disciplinary body from applying for the relevant registration; or (b) the person previously held a relevant registration that was cancelled by a disciplinary body, if any period during which the person is disqualified from applying for a new relevant registration has not ended; or (c) the person held a similar registration under a corresponding Act and— (i) the similar registration was cancelled as a result of disciplinary action taken by a corresponding disciplinary body; and (ii) either— (A) any period during which the person is disqualified from applying for a new similar registration has not ended; or (B) if the corresponding disciplinary body did not disqualify the person from applying for a new similar registration, a period of 2 years after the day the cancellation occurred has not ended; or (d) the person's application for a relevant registration under this Act or a similar registration under a corresponding Act within the previous 2 years was refused on the basis that the person provided information or a document in relation to the application that was false or misleading; or (e) an associate or related body corporate of the person is a person who or which held a relevant registration under this Act that was cancelled by a disciplinary body, if any period during which the associate or related body corporate is disqualified from applying for a new relevant registration has not ended; or (f) an associate or related body corporate of the person held similar registration under a corresponding Act and— (i) the similar registration was cancelled as a result of disciplinary action taken by a corresponding disciplinary body; and (ii) either— (A) any period during which the person is disqualified from applying for a new similar registration has not ended; or (B) if the corresponding disciplinary body did not disqualify the person from applying for a new similar registration, a period of 2 years after the day the cancellation occurred has not ended; or S. 171F(1)(g) amended by No. 13/2019 s. 221(Sch. 1 item 5.1). (g) the person is a represented person within the meaning of the **Guardianship and Administration Act 2019**; or (h) the person is an excluded person for the relevant registration under the regulations. ***corresponding Act*** means an Act or law of another jurisdiction that— (a) relates to the registration or regulation of building practitioners; or (b) is prescribed by the regulations as a corresponding Act; ***corresponding disciplinary body*** means— (a) a body in another jurisdiction that carries out similar functions to a disciplinary body in relation to the discipline of building practitioners; or (b) a body that is prescribed by the regulations to be a corresponding disciplinary body for the purposes of this section; ***disciplinary body*** means— (b) the Building Practitioners Board (established under Part 11 as in force immediately before the commencement of Division 2 of Part 3 of the **Building Legislation Amendment (Consumer Protection) Act 2016**); or (c) the Building Appeals Board; or (d) VCAT; ***similar registration*** means a registration, licence, approval, certificate or other form of authorisation under a corresponding Act that corresponds to a relevant registration. S. 171G inserted by No. 21/2017 s. 7.