New South Wales Consolidated Acts

HOME BUILDING ACT 1989 - SECT 33A

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 determine that an individual, or a body corporate with which an individual is associated, is disqualified from holding an authority, other than an owner-builder permit, if satisfied the individual was a director or a person concerned in the management of a body corporate--

(a) when the body corporate, or a director of the body corporate, was convicted of an offence under the Corporations Act 2001 of the Commonwealth, or

(b) within 6 months before the conduct that was the subject of the offence occurred, or

(c) when the body corporate became a Chapter 5 body corporate or within 6 months before that event.

(1C) The Secretary may determine that an individual who is a partner in a partnership is disqualified from holding an authority, other than an owner-builder permit, if satisfied another partner in the partnership has become bankrupt, applied to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounded with the partner's creditors or made an assignment of the partner's remuneration for the creditors' benefit.

(1D) The Secretary may disqualify a person from holding an authority under subsections (1A)-(1C) 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.