Queensland Consolidated Acts

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 56AC

56AC Excluded individuals and excluded companies

(1) This section applies to an individual if—

(a) the individual takes advantage of the laws of bankruptcy or becomes bankrupt (
"relevant bankruptcy event" ); and

(b) 3 years have not elapsed since the relevant bankruptcy event happened.

(2) This section also applies to an individual if—

(a) a construction company, for the benefit of a creditor—

(i) has a provisional liquidator, liquidator, administrator or controller appointed; or

(ii) is wound up, or is ordered to be wound up; and

(b) 3 years have not elapsed since the event mentioned in paragraph (a) (i) or (ii) (
"relevant company event" ) happened; and

(c) the individual—

(i) was, when the relevant company event happened, a director or secretary of, or an influential person for, the construction company; or

(ii) was, within the period of 2 years immediately before the relevant company event happened, a director or secretary of, or an influential person for, the construction company.

(3) If this section applies to an individual because of subsection (1) , the individual is an
"excluded individual" for the relevant bankruptcy event.

(4) If this section applies to an individual because of subsection (2) , the individual is an
"excluded individual" for the relevant company event unless the individual can satisfy the commissioner that at the time the individual ceased to be an influential person, director or secretary for the construction company the company was solvent.

(5) An excluded individual for a relevant event does not also become an excluded individual for another relevant event if the commission is satisfied that both events are consequences flowing from what is, in substance, the one set of circumstances.

(6) A company is an
"excluded company" if an individual who is a director or secretary of, or an influential person for, the construction company is an excluded individual for a relevant event.

(7) In this section—

"construction company" —

(a) means a company that directly or indirectly carries out building work or building work services in this or another State; and

(b) includes a company that, within 2 years immediately before a relevant company event for the company, directly or indirectly carries out building work or building work services in this or another State.