Construction Occupations (Licensing) Act 2004

On application under section 66, the ACAT may make a cancellation order for a licence if satisfied that, because of the licensee’s criminal activity, the licensee continuing to hold the licence presents an unacceptable risk to community safety.

For subsection (1)—

the ACAT must consider the need to minimise the possibility of criminal activity in the construction industry; and

the matters the ACAT may consider include—

whether the licensee has been convicted or found guilty of a relevant offence; and

non-conviction information about the licensee.

If the ACAT makes a cancellation order for a licence, the chief police officer must give a copy of the order to the registrar.

In this section:

has been charged with a relevant offence but—

a proceeding for the offence is not finalised; or

the charge has lapsed, been withdrawn or discharged, or struck out; or

has been acquitted of a relevant offence; or

has had a conviction for a relevant offence quashed or set aside; or

has been served with an infringement notice for a relevant offence; or

has a spent conviction for a relevant offence.

The Spent Convictions Act 2000 sets out which convictions can be spent (see that Act, s 11) and when a conviction is spent (see that Act, s 12).

an offence punishable by imprisonment for 5 years or longer;

an offence against the Crimes Act 1900, section 26 (Common assault) or section 35A (1);

an offence involving fraud or dishonesty.