174General duty of nominee director

174 General duty of nominee director (1) A nominee director of a registered body corporate must ensure that the body corporate complies with the requirements of this Act and the regulations. (2) Nothing in subsection (1) affects the obligation on a body corporate to comply with the requirements of this Act and the regulations. Subdivision 6—Register of Building Practitioners S. 175AA inserted by No. 21/2017 s. 7. 175AA Definitions ***criminal proceeding*** means a proceeding for an offence against a relevant law; ***criminal sanction*** means a conviction or finding of guilt in a criminal proceeding in relation to an offence under a relevant law and any penalty imposed for that offence; ***disciplinary proceeding*** means— (a) a proceeding under Subdivision 5 of Division 3; or (b) a proceeding on an application for review under Division 4 of a decision under Subdivision 5 of Division 3; ***disciplinary sanction*** means a decision in a disciplinary proceeding to cancel or suspend a registration or to take disciplinary action; ***relevant law*** means— (a) this Act or the regulations; or (b) the **Domestic Building Contracts Act 1995** and the regulations under that Act. S. 175 substituted by No. 21/2017 s. 7. 175 The Register of Building Practitioners (1) The Authority must keep a Register of Building Practitioners. (2) The Register must— (a) be in the form (if any) and contain the information (if any) required by the regulations; and S. 175(2)(b) amended by No. 1/2023 s. 6(1). (b) include the names and categories and classes of registration of persons who applied for, and were granted, registration under this Part; and S. 175(2)(c) inserted by No. 1/2023 s. 6(2). (c) if a person has automatic deemed registration to carry out any activities that may be carried out under a registration under this Part, include the name of that person and those activities. (3) The Register may include details of— (a) any criminal sanction imposed on the registered person; and S. 175(3)(b) amended by No. 1/2023 s. 6(3). (b) any disciplinary sanction imposed on the registered person by the Authority or imposed on a person referred to in subsection (2)(c) by the local registration authority in that person's home State. S. 175A inserted by No. 21/2017 s. 7. 175A Time for inclusion of information in the Register of Building Practitioners (1) If, under section 175(2), the regulations require the details specified in section 175(3) to be included in the Register of Building Practitioners, the Authority must record that information in the Register as soon as practicable after the prescribed period after the criminal sanction or disciplinary sanction is imposed. (2) Information about a disciplinary sanction is to remain on the register until the expiry of 5 years after the sanction is imposed or ceases to have effect, whichever is the later. (3) Information about a criminal sanction is to remain on the register for 5 years after the sanction is imposed or ceases to have effect, whichever is the later. (a) in the case of a disciplinary sanction, the later of the following to occur— (i) the end of the period within which an application for review of the decision to impose a disciplinary sanction may be made to VCAT; (ii) if an application for review of the decision to impose a disciplinary sanction is made to VCAT, a decision by VCAT affirming the decision; or (b) in the case of a criminal sanction arising from a criminal proceeding, the later of the following to occur— (i) the end of the period within which an appeal may be brought against the criminal sanction; (ii) if an appeal is brought against the criminal sanction, a decision made dismissing the appeal. S. 175AB inserted by No. 1/2023 s. 15. 175AB Registered building practitioner must give information to the Authority for the Register of Building Practitioners (1) The Authority may request in writing that a registered building practitioner give to the Authority information in relation to the practitioner that is required to be included in the Register of Building Practitioners. (2) A registered building practitioner must comply with a request under subsection (1) from the Authority within 5 business days after receiving the request. 50 penalty units; in the case of a body corporate. S. 175B inserted by No. 21/2017 s. 7.