The statutory categorisation of a person as an 'excluded individual' under s 56AC(3) and (4) of the QBCC Act does not itself create a completed liability upon the occurrence of a relevant event; any liability arises only upon a subsequent evaluative decision by the Commission. Accordingly, amendments to the criteria for determining excluded individual status do not operate retrospectively when applied in merits review proceedings. Disqualification provisions that operate by reference to antecedent conduct for the purpose of protecting the public interest do not fall within the presumption against retrospectivity.
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