(1) If a licensee applies under section 128 to renew a licence to carry out high risk work, the chief executive must—
(a) renew the licence; or
(b) refuse to renew the licence.
(2) The chief executive must renew a licence to carry out high risk work if satisfied that—
(a) the licensee—
(i) demonstrates continuing competency in safely carrying out the high risk work under workplace conditions; and
(ii) does not hold 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 for renewal was made; and
(iii) has not held 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 for renewal was made; and
(iv) 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 for renewal was made; and
Note State includes the Northern Territory (see Legislation Act, dict, pt 1, def State ).
(b) no complaints against the licensee in relation to the licence in the ACT or another state or territory have been upheld in the 5 years before the day the application for renewal was made.
(3) The chief executive may renew a licence to carry out high risk work if satisfied that—
(a) the licensee demonstrates continuing competency in safely carrying out the high risk work under workplace conditions; and
(b) it is otherwise appropriate to renew the licence.
(4) The renewal of a licence begins on the day after the licence being renewed ends.