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HOME BUILDING ACT 1989 - SECT 33A
Disqualification from holding authorities
33A Disqualification from holding authorities
(1) A person is disqualified from holding an authority (other than an
owner-builder permit) if the person-- (a) has been convicted in New South
Wales or elsewhere of an offence involving dishonesty within the last 10
years, unless the Secretary has determined under subsection (2) that the
offence should be ignored, or
(b) has been convicted within the last 5 years
of an offence under section 46A (Lending of authority prohibited), unless the
Secretary has determined under subsection (2) that the offence should be
ignored, or
(c) is disqualified from holding a licence, certificate of
registration or other authority under a corresponding law or is the holder of
such a licence, certificate of registration or other authority that is
suspended, or
(d) is the holder of a licence, permit or other authority that
is suspended under legislation administered by the Minister or is disqualified
from holding a licence, permit or other authority under legislation
administered by the Minister, unless the Secretary has determined under
subsection (3) that the suspension or disqualification should be ignored, or
(e) is in partnership with a person who is, or is a director of a body
corporate that is, disqualified from holding an authority under this Act, or
(f) is for the time being declared to be a person who is disqualified from
holding an authority under Part 4 (Disciplinary proceedings), or
(g) has
failed to pay any monetary penalty payable by the person under Part 4
(Disciplinary proceedings) or has failed to comply with a condition imposed
under section 62(d), and the failure continues, or
(h) is in breach of any
provision of this Act or the regulations that is prescribed by the regulations
as a disqualifying breach.
(1A) The Secretary may determine that an
individual, or a body corporate or partnership with which the individual is
associated, is disqualified from holding an authority, other than an
owner-builder permit, if satisfied that the individual has previously engaged
in conduct that led to a disqualification of another person.
(1B) The
Secretary may disqualify a person from holding an authority under subsection
(1A) permanently or for a specified period of time.
(2) The Secretary may
determine that an offence committed by a person should be ignored for the
purposes of this section because of the time that has passed since the offence
was committed or because of the triviality of the acts or omissions giving
rise to the offence.
(3) The Secretary may, in any case that the Secretary
thinks it appropriate to do so, determine that a suspension or
disqualification from holding a licence, permit or other authority under
legislation administered by the Minister (as referred to in subsection (1)(d))
is to be ignored for the purposes of this section.
(4) In this section--
"corresponding law" means a law of another Australian jurisdiction that is
prescribed by the regulations as a law that corresponds to this Act.
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