Grounds for finding that a person is not a suitable person to carry out certification work
7 Grounds for finding that a person is not a suitable person to carry out certification work
A person is not a suitable person to carry out certification work if—
the person is disqualified from being registered, or
the person (including, if the person is a body corporate, a director of the body corporate) is a natural person who is under 18 years of age, or
the person does not have the qualifications, skills, knowledge and experience required to carry out the certification work, or
the person (including, if the person is a body corporate, a director of the body corporate) is not a fit and proper person to carry out the certification work, or
the person is a mentally incapacitated person, or
the person is a body corporate and no director of the body corporate is registered in a class of registration that would authorise the director to carry out the certification work, or
the Secretary is of the opinion that the person is not a suitable person to carry out the certification work.
The Secretary may form an opinion that a person is not a suitable person to carry out certification work in any one or more of the following circumstances—
the person (including, if the person is a body corporate, a director of the body corporate) has, within the previous 10 years, been convicted of a relevant offence,
the Independent Commission Against Corruption, within the previous 10 years, has made a finding or has been of the opinion that the person (including, if the person is a body corporate, a director of the body corporate) has engaged in corrupt conduct,
the person (including, if the person is a body corporate, a director of the body corporate) is an undischarged bankrupt,
the person has contravened a requirement imposed by or under this Act or a requirement imposed with respect to certification work under another Act or law,
an equivalent authorisation of the person has been suspended or cancelled (other than at the person’s request) under the law of another Australian jurisdiction,
the person is disqualified (other than on the grounds of not residing in that jurisdiction or on the grounds that the person is a body corporate) from holding an equivalent authorisation under the law of another Australian jurisdiction,
a close associate of the person who would not be a fit and proper person to be registered exercises a significant influence over the person or the operation and management of the person’s business,
a circumstance prescribed by the regulations.
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