Australian Capital Territory Numbered Regulations

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WORK SAFETY REGULATION 2009 (NO 45 OF 2009) - REG 133

Replacement of lost etc licence

    (1)     This section applies if a licence to carry out high risk work issued to a licensee is lost, stolen or damaged.

    (2)     The licensee may apply to the chief executive for a replacement licence.

Note     If a form is approved under the Act, s 229 for this provision, the form must be used.

    (3)     The application must be accompanied by a statutory declaration made by the licensee setting out the circumstances in which the licence to carry out high risk work was lost, stolen or damaged.

Note     A fee may be determined under the Act, s 228 for this provision.

    (4)     If a licensee applies for a replacement licence to carry out high risk work, the chief executive must—

        (a)     replace the licence; or

        (b)     refuse to replace the licence.

    (5)     The chief executive must replace the licence to carry out high risk work if satisfied that—

        (a)     the licensee held a licence to carry out the class of high risk work mentioned in the application; and

        (b)     the licence is current; and

        (c)     the licence is lost, stolen or damaged.

    (6)     If the chief executive replaces a licence under this section, the licensee must—

        (a)     if the licence was lost and the licensee finds the licence—surrender the found licence to the chief executive not later than 14 days after the licence is found; or

        (b)     if the licence was damaged—surrender the damaged licence to the chief executive not later than 14 days after the days the replaced licence is given to the licensee.

Maximum penalty: 5 penalty units.

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

Division 8.3     Suspension or cancellation of licence



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