Disciplinary action may be taken against a director of a body corporate under s 21(4) of the Building Work Contractors Act 1995 (SA) even where proceedings against the body corporate are stayed under s 471B of the Corporations Act 2001 (Cth) or the body corporate has been deregistered. The stay under s 471B is not enlivened where findings of fact are made only for the purpose of taking disciplinary action against the director personally and no judgment is entered against the company. Permanent prohibition orders are within the appropriate range of disciplinary sanctions where the practitioner has a history of non-compliance, deliberate breach of undertakings, and deception of the public and regulatory authority.
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