New South Wales Consolidated Acts

HOME BUILDING ACT 1989 - SECT 33B

33B General requirements for issue of certain authorities

(1) An authority (other than an owner-builder permit) must not be issued unless the Secretary is satisfied that--

(a) each relevant person in relation to the application for the authority--

(i) is not disqualified from holding the authority or an authority of the kind applied for, or from being a member of a partnership or a director of a body corporate that is the holder of the authority or an authority of the kind applied for, and

(ii) is not a debtor under a judgment for money owed to the Secretary that has not been satisfied, and

(iii) is not a debtor under a judgment for money that has not been satisfied where the judgment is for the payment of money in relation to a building claim under Part 3A or the payment of money to an insurer or provider in relation to a claim relating to cover under Part 6 or Part 6B, and

(iv) is not (and has not been within the period of 3 years before the date of the application) a director of a body corporate that is a debtor under a judgment for money as referred to in subparagraph (iii), and

(v) is not subject to any order of a court in relation to a building claim under Part 3A that has not been satisfied within the period required for satisfaction of the order, and

(vi) is not subject to any order of the Tribunal that has not been satisfied within the period required by the Tribunal, and

(vii) has not had what the Secretary considers to be an unreasonable number of complaints made against him, her or it and has not had a relevant involvement with a body corporate that has had what the Secretary considers to be an unreasonable number of complaints made against it, and

(viii) has not had what the Secretary considers to be an unreasonable number of formal cautions given to him, her or it and has not had a relevant involvement with a body corporate that has had what the Secretary considers to be an unreasonable number of formal cautions given to it, and

(ix) has not had what the Secretary considers to be an unreasonable number of penalty notices issued against him, her or it and has not had a relevant involvement with a body corporate that has had what the Secretary considers to be an unreasonable number of penalty notices issued against it, being penalty notices for offences under this Act that were not dealt with by a court and dismissed, and

(x) has not carried out work in respect of which the Secretary considers an unreasonable number of insurance claims have been paid and has not had a relevant involvement with a body corporate that has carried out work in respect of which the Secretary considers an unreasonable number of insurance claims have been paid, and

(xi) is not a director of, a partner of, or a person concerned in the management of, a body corporate or partnership that is disqualified from holding an authority, unless the Secretary is satisfied that the applicant took all reasonable steps to prevent the conduct that led to the disqualification, and

(xii) within 12 months before the date of the application was not a director of, a partner of, or a person concerned in the management of, a body corporate or partnership that is disqualified from holding an authority or that would be disqualified from holding an authority had it not been dissolved or wound up, unless the Secretary is satisfied that the applicant took all reasonable steps to prevent the conduct that led (or would have led) to the disqualification, and

(xiii) except in relation to an application for a tradesperson certificate--is not an undischarged bankrupt at the time of the application, and

(xiv) except in relation to an application for a tradesperson certificate--was not an undischarged bankrupt at any time within 3 years before the date of the application, and

(xv) except in relation to an application for a tradesperson certificate--is not at the time of the application a director of or a person concerned in the management of a Chapter 5 body corporate (other than Chapter 5 body corporate resulting from a members' voluntary winding up of the body corporate), and

(xvi) except in relation to an application for a tradesperson certificate--within 10 years before the date of the application, was not a director of or a person concerned in the management of a body corporate that was a Chapter 5 body corporate at any time within that 10-year period (other than Chapter 5 body corporate resulting from a members' voluntary winding up of the body corporate), and

(xvii) except in relation to an application for a tradesperson certificate--was not a director of or a person concerned in the management of a body corporate that became a Chapter 5 body corporate (other than Chapter 5 body corporate resulting from a members' voluntary winding up of the body corporate) at any time within 12 months after the person ceased to be a director of or a person concerned in the management of the body corporate and within 10 years before the date of the application, and

(b) the applicant, if an individual, is not an apprentice or a trainee within the meaning of the Apprenticeship and Traineeship Act 2001 .

(2) For the purposes of this section, each of the following persons is a
"relevant person" in relation to an application for an authority--

(a) the applicant,

(b) if the applicant is a partnership--

(i) every partner of the applicant, and

(ii) if a member of the partnership is a corporation--every director of that corporation,

(c) if the applicant is a corporation--every director of the applicant.

Note--: Section 24(4) provides that an application for a tradesperson certificate or supervisor certificate may be made only by an individual, and not by a corporation, partnership or other association.

(3) For the purposes of this section, a person has a
"relevant involvement" with a body corporate if the person is at the time of the making of the application for the authority, or was at any time within 3 years before the making of the application for the authority, a director of or a person concerned in the management of the body corporate.

(4) Subsection (1)(a)(v) and (vi) do not prevent the issuing of an authority if the Secretary is satisfied that the person--

(a) has complied with the order of the court or Tribunal after the period required by the court or Tribunal, and

(b) has a reasonable excuse for the failure to comply with the order within that period.

(4A) Subsection (1)(a)(v) and (vi) does not prevent the issuing of an authority if the Secretary is satisfied that, although the person has not complied with an order of the court or Tribunal within the period required by the court or Tribunal, the person made all reasonable attempts to comply with the order.

(5) Subsection (1)(a)(xv) does not prevent the issuing of an authority if, on the basis of information provided to the Secretary by each relevant person, the Secretary considers it is appropriate to issue the authority.