F1F2PART 3ATransfer of projects to another approver

Annotations:
Amendments (Textual)

Cases where a further initial notice may be given after cancellation of an initial notice under section 53D19F

1

For the purposes of section 53D(5) of the Act, the following circumstances are prescribed—

a

the business of the approver to which the initial notice relates has ceased for any reason, including in the case of insolvency;

b

the person carrying out or intending to carry out the work has cancelled the initial notice under section 53D(3) of the Act because they were satisfied the approver was unable to carry out (or continue to carry out) their functions with respect to any of the work to which the initial notice relates;

c

the approver is given a specified disciplinary order during the relevant period (as defined in section 53B(7) of the Act).

2

In this regulation a “specified disciplinary order” means—

a

any disciplinary order under section 58U(2)(b) of the Act (variation of registration) such that the approver is no longer able to carry out their functions with respect to any of the work to which the initial notice relates;

b

any disciplinary order under section 58U(2)(c) of the Act (suspension of registration) excluding any suspension which is as a consequence of functions in relation to the unfinished work or work for the person carrying out the work;

c

an order under section 58V of the Act (interim suspension for suspected serious contravention) excluding any interim suspension which is as a consequence of functions in relation to the unfinished work or work for the person carrying out the work;

d

any disciplinary order under section 58U(2)(d) of the Act (cancellation of registration) excluding any cancellation which is as a consequence of functions in relation to the unfinished work or work for the person carrying out the work.