Australian Capital Territory Numbered Regulations

WORK HEALTH AND SAFETY AMENDMENT REGULATION 2014 (NO 2) (NO 20 OF 2014) - REG 44

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Division 5.3.6     Cancellation of registration

288A     Application—div 5.3.6

This division applies to—

        (a)     the registration of a design of an item of plant; and

        (b)     the registration of an item of plant.

288B     Regulator may cancel registration

The regulator may cancel a registration if satisfied that—

        (a)     the registration holder, in applying for the registration—

              (i)     gave information that was false or misleading in a material particular; or

              (ii)     failed to give any material information that should have been given; or

        (b)     the design of the item of plant, or the item of plant (as applicable), is unsafe.

Note     A decision to cancel a registration is a reviewable decision (see s 676).

288C     Cancellation process

    (1)     Before cancelling a registration, the regulator must give the registration holder written notice—

        (a)     setting out the proposal to cancel the registration and the reasons for it; and

        (b)     advising the registration holder that the registration holder may make a submission to the regulator in relation to the proposed cancellation within a stated period (being not less than 28 days from the date of the notice).

    (2)     After the date stated in a notice under subsection (1), the regulator must—

        (a)     if the registration holder has made a submission in relation to the proposed cancellation—consider that submission; and

        (b)     whether or not the registration holder has made a submission, decide—

              (i)     to cancel the registration; or

              (ii)     not to cancel the registration; and

        (c)     within 14 days after making that decision, give the registration holder written notice that—

              (i)     states whether or not the registration is cancelled; and

              (ii)     if a submission was made in relation to the proposed cancellation—sets out the regulator's reasons for cancelling the registration; and

              (iii)     states the date on which the cancellation, if any, takes effect.

Note     A decision to cancel a registration is a reviewable decision (see s 676).

288D     Registration holder to return registration document

A registration holder who receives a cancellation notice under section 288C must return the registration document to the regulator at the written request of the regulator within the time stated in the request.

Maximum penalty:

        (a)     in the case of an individual—$1 250; or

        (b)     in the case of a body corporate—$6 000.

Note     Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).