Construction Occupations (Licensing) Act 2004

If an entity applies for a licence for a construction occupation or occupation class, the registrar must issue, or refuse to issue, the licence.

However, the registrar may issue a licence other than the licence applied for if—

the applicant is not eligible for the licence applied for; and

the applicant is eligible for the other licence; and

the licence issued is in the same construction occupation as, but a different occupation class from, the licence applied for; and

the applicant agrees to the issue of the licence.

The registrar must refuse to issue a licence for a construction occupation or occupation class to an applicant if—

the registrar is not satisfied that the applicant is eligible to be licensed in the occupation or class; or

the applicant is disqualified from holding a licence under section 98 (Licence disqualification).

The registrar may refuse to issue a licence for a construction occupation, or occupation class, to an applicant if—

the applicant, or a director or nominee of an applicant that is a corporation, or a partner or nominee of an applicant that is a partnership, is a licensee, a related licensee, or a former licensee (however described) under this Act or a corresponding law who—

as a result of disciplinary action (however described) is, or has been, disqualified from holding a licence (however described) or prohibited from providing a construction service (however described) under this Act or a corresponding law; or

is, or has been, subject to occupational discipline (however described) under this Act or a corresponding law; or

the registrar believes on reasonable grounds surrendered a licence (however described) in circumstances that related to a ground for occupational discipline (however described) under this Act or a corresponding law; or

has contravened, or is contravening, a court order or an order made by the ACAT (or a similar State tribunal) relating to a construction service, construction occupation or occupation class under this Act or a corresponding law; or

has contravened, or is contravening, this Act or a condition of a licence or a previous or related licence; or

Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

has contravened, or is contravening, a rectification order (however described) under this Act or a corresponding law; or

has contravened, or is contravening, a rectification undertaking (however described) under this Act or a corresponding law; or

has a debt owing to the Territory under section 37 (5), section 41 (5) or section 42 (3) and does not have, or is not complying with, a formal arrangement to pay the debt; and

the registrar believes on reasonable grounds that the refusal is necessary or desirable to protect the public.

The registrar may issue a licence to an applicant for less than the maximum period for which the licence may be issued if the registrar believes on reasonable grounds that it is necessary or desirable to protect the public.

If an application for occupational discipline in relation to an applicant or nominee of an applicant has been made by the registrar under division 5.2 (Occupational discipline—licensees), the registrar need not decide whether to licence the applicant until the application has been dealt with by the ACAT, and any appeal or review arising from the occupational discipline, is finished.

In this section:

related licence means a licence under this Act or a corresponding law that is held by a related licensee.

related licensee means—

if the applicant, or a director, partner or nominee of the applicant is or has been a director or nominee of a corporation (the related corporation) that is or has been a licensee under this Act or a corresponding law—the related corporation; or

if the applicant, or a director, partner or nominee of the applicant is or has been a partner or nominee of a partnership (the related partnership) that is or has been a licensee under this Act or a corresponding law—the related partnership.