Construction Occupations (Licensing) Act 2004

This section applies if—

the registrar believes on reasonable grounds that—

a licensee or former licensee (the entity) has provided a construction service otherwise than in accordance with this Act or an operational Act; and

it may be appropriate to make a rectification order; and

the entity is a corporation; and

before the registrar makes the order—

the entity becomes the subject of a winding-up order; or

the entity is placed into administration, receivership or liquidation; or

the entity is deregistered.

The registrar may give each person who was a director of the entity at or after the time the construction service was provided—

if the registrar gave the entity notice under section 34 (Intention to make rectification order) before the entity was wound up, placed into administration, receivership or liquidation or deregistered—a copy of the notice and a statement to the effect that the person is invited to make submissions about the making of the order within 28 days after the day the person receives the notice; or

a written notice in accordance with section 34 (2) (a), (b), (d) and (e) and a statement to the effect that the person is invited to make submissions about the making of the order within 28 days after the day the person receives the notice.

The registrar may make a rectification order in relation to a person who was a director of the entity at or after the time the construction service was provided if, after considering any submissions made within the 28 days, the registrar is satisfied—

the entity contravened this Act or an operational Act; and

it is appropriate to make a rectification order in relation to the person.

The rectification order may also require the person to give the registrar written information about a thing required to be done under the order.

Subsection (6) applies if—

the order requires the person to do a thing; and

the person—

is not licensed, authorised or qualified to do the thing; or

if a licence, authorisation or qualification is not required to do the thing—does not have appropriate experience and skill to do the thing.

The person must arrange, and pay for, the thing to be done by someone who—

is licensed, authorised or qualified to do the thing; or

if a licence, authorisation or qualification is not required to do the thing—has appropriate experience and skill to do the thing.