Australian Capital Territory Numbered Regulations

OCCUPATIONAL HEALTH AND SAFETY (CERTIFICATION OF PLANT USERS AND OPERATORS) REGULATIONS 2000 (2000 NO 48) - REG 12

(1)           On receiving an application under regulation 11 (Applications for certificates of competency or variations), the commissioner must—

    a     issue a certificate of competency to the applicant with an endorsement authorising the holder to do the kind of scheduled work to which the notice relates; or

        (b)     vary a certificate by issuing a new certificate with another endorsement for the kind of scheduled work applied for (the new certificate ); or

    b     refuse to issue, or to vary, a certificate of competency.

(2)           The commissioner may refuse to issue or to vary a certificate—

        (a)     if a certificate, qualification or exemption held by the applicant under a corresponding law has been suspended or cancelled within the previous 5 years; or

        (b)     if the commissioner reasonably believes that to issue or vary the certificate would endanger the health or safety of the applicant or someone else.

(3)      If the commissioner varies a certificate, the holder of the certificate must surrender the previous certificate within 14 days after the new certificate is given to the holder.

Maximum penalty (subregulation (3)): 5 penalty units