Occupational Licensing Act 2005

In this section – prescribed period means 28 days or such other period prescribed in the regulations, if any; relevant event, in relation to a licensed person of a licensed entity, means an event specified in section 37C(5).

A licensed entity must notify the Administrator in writing as soon as practicable after becoming aware that a relevant event has occurred, or is to occur, in respect of the licensed person of the licensed entity.

A notice under subsection (2) – is to specify the date on which the relevant event occurred or is to occur; and may include – the surrender of the building services licence of the licensed entity; or a nomination of a person to be the licensed person of the licensed entity; or a nomination of a permanent employee of the licensed entity, who holds a building services licence, to be the temporary licensed person of the licensed entity.

At any stage before the expiry of the prescribed period after a relevant event notified by a licensed entity under subsection (2), the licensed entity may, by notice in writing to the Administrator – surrender the building services licence of the licensed entity; or nominate a person to be the licensed person of the licensed entity; or nominate a permanent employee of the licensed entity, who holds a building services licence, as the temporary licensed person of the licensed entity.

The Administrator must cancel the building services licence of a licensed entity at the expiry of the prescribed period after a relevant event notified under subsection (2) unless – the licence has been surrendered; or the Administrator accepts the person nominated under subsection (3)(b)(ii) or subsection (4)(b) as the licensed person of the licensed entity; or the Administrator accepts the person nominated under subsection (3)(b)(iii) or subsection (4)(c) as the temporary licensed person of the licensed entity; or if the licensed entity is a council of a municipal area, a person has been appointed, under section 24 of the Building Act 2016, as the permit authority for the municipal area.

If the Administrator accepts a person nominated under subsection (3)(b)(iii) or subsection (4)(c), the licensed entity must, within three months of that nomination, nominate a person as the licensed person of the licensed entity.

If the Administrator does not accept a person nominated as the licensed person under subsection (6), the Administrator must cancel the building services licence held by the licensed entity.

The Administrator is to notify a licensed entity of the cancellation of the building services licence held by the licensed entity under subsection (5) or (7) by notice in writing to the licensed entity that specifies – that the licence is cancelled; and the reason for cancelling the licence.