Queensland Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

QUEENSLAND BUILDING SERVICES AUTHORITY ACT 1991 - SECT 111C

111C Liability of directors for amounts

(1) This section applies if--

(a) a company is convicted of an offence against a provision of this Act; and
(b) a penalty for the offence is imposed on the company; and
(c) the amount of the penalty is not paid within the time required for its payment.

(2) This section also applies if--

(a) under section 91, the tribunal finds that proper grounds exist for taking disciplinary action against a company; and
(b) an order is made by the tribunal imposing a penalty on the company; and
(c) the amount of the penalty is not paid within the time required for its payment.

(3) This section also applies if a company owes the authority an amount because of a payment made by the authority on a claim under the insurance scheme.

(4) If this section applies because of subsection (1), the liability to pay the penalty attaches to--

(a) each individual who was a director of the company when the offence was committed; and
(b) each individual who is a director of the company when the penalty is imposed.

(5) If this section applies because of subsection (2), the liability to pay the penalty attaches to--

(a) each individual who was a director of the company when the act or omission happened giving rise to the finding of the tribunal; and
(b) each individual who is a director of the company when the penalty is imposed.

(6) If this section applies because of subsection (3), the liability to pay the amount attaches to--

(a) each individual who was a director of the company when building work the subject of the claim was, or was to have been, carried out; and
(b) each individual who was a director of the company when the payment was made by the authority.

(7) A liability under subsection (4), (5) or (6) to pay a penalty or an amount applies regardless of the status of the company, including, for example, that the company is being or has been wound up.

(8) If a liability under subsection (4), (5) or (6) attaches to 2 or more persons, the persons are jointly and severally liable.



[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]