Australian Capital Territory Numbered Regulations

WORK SAFETY REGULATION 2009 (NO 45 OF 2009) - REG 131

    (1)     If a licensee applies under section 130 to vary a licence to carry out high risk work, the chief executive must—

        (a)     vary the licence; or

        (b)     refuse to vary the licence.

    (2)     The chief executive must vary the licence to add a class of high risk work mentioned in the application if satisfied that the licensee—

        (a)     has a statement of attainment for the additional class of high risk work; and

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

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

        (d)     has not held a licence to carry out the additional high risk work, or a recognised qualification to carry out the additional high risk work under a corresponding law, that has been cancelled in the 5 years before the day the application for variation was made.

    (3)     The chief executive must vary the licence to change the licensee's name if satisfied that the licensee's name has changed to the name set out in the application.

    (4)     The variation of the licence takes effect on the day the chief executive varies the licence.

    (5)     If the chief executive varies a licence, the licensee must surrender the previous licence to the chief executive not later than 14 days after the day the varied licence is given to the licensee.

Maximum penalty: 5 penalty units.

    (6)     An offence against this section is a strict liability offence.