New South Wales Consolidated Acts

HOME BUILDING ACT 1989 - SECT 105N

105N Cancellation of licences

(1) The Authority may, by notice served on the licence holder, cancel a licence granted under this Part.

(2) The Authority may cancel a licence for any reason it thinks fit, but must give the reasons for its decision.

(3) Without affecting the generality of subsection (2), the Authority may cancel a licence for reasons that relate to the insurance scheme under Part 6 (including any alternative arrangements under Part 6B) generally, whether or not the reasons relate to the efficiency and conduct of the licence holder.

(4) The Authority must, as far as practicable, give a licence holder whose licence it proposes to cancel an opportunity to make representations on the matter.

(5) A licence surrendered by a licence holder is not cancelled until the Authority approves of the surrender.

(6) The Authority must not cancel a licence unless the Authority is satisfied that the licence holder has discharged all of its past, present and future liabilities--

(a) under any building cover contract in respect of which it is the insurer or provider, and

(b) to the Home Building Operational Fund or a guarantee fund under Part 6A, and

(c) to any other licence holder,

or that the holder has provided security or entered into other arrangements satisfactory to the Authority in respect of those liabilities.

(7) If the Authority is unable to cancel a licence because of any such liabilities, the Authority may, instead, impose a condition on the licence that prohibits the licence holder from entering into any further building cover contracts.

(8) This section does not apply to the Self Insurance Corporation.