Australian Capital Territory Numbered Regulations

WORK SAFETY REGULATION 2009 (NO 45 OF 2009) - REG 123

    (1)     If a person applies under section 122 for a licence to carry out a class of high risk work, the chief executive must—

        (a)     issue the licence; or

        (b)     refuse to issue the licence.

    (2)     The chief executive must issue the licence if satisfied that the applicant—

        (a)     is aged 18 years or over; and

        (b)     has either—

              (i)     a statement of attainment for the class of high risk work; or

              (ii)     a national licence to carry out the class of high risk work under a corresponding law; and

        (c)     does not hold a current licence to carry out the class of high risk work; and

        (d)     does not hold a certificate of competency, a licence to carry out high risk work, or a recognised qualification to carry out high risk work under a corresponding law, that is or has been suspended in the 5 years before the day the application was made; and

        (e)     has not held a certificate of competency, a licence to carry out high risk work, or a recognised qualification to carry out high risk work under a corresponding law, that has been cancelled in the 5 years before the day the application was made; and

        (f)     has not been convicted or found guilty of a serious offence under the Occupational Health and Safety Act 1989 , the Work Safety Act 2008 , the Crimes Act 1900 , part 2A (Industrial manslaughter) or a corresponding offence against the law of a State in the 5 years before the day the application was made.

Note     State includes the Northern Territory (see Legislation Act, dict, pt 1, def State ).