Australian Capital Territory Numbered Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

WORK SAFETY REGULATION 2009 (NO 45 OF 2009) - REG 140

Review of licence suspension or cancellation

    (1)     The chief executive may, on the chief executive's own initiative or on application by a licensee, review—

        (a)     the suspension of a licence; or

        (b)     if the cancellation of a licence has not taken effect—the cancellation of the licence.

    (2)     The chief executive may, in carrying out a review, consider any information ( new information ) given to the chief executive that was not available to the chief executive when the decision to suspend or cancel was made.

    (3)     If the new information is given to the chief executive by someone other than the licensee whose licence is suspended or cancelled, the chief executive must—

        (a)     if the review is on the chief executive's own initiative—

              (i)     tell the licensee that the chief executive is conducting the review; and

              (ii)     warn the licensee that the chief executive may cancel, or extend the suspension of, a suspended licence; and

        (b)     give the information to the licensee; and

        (c)     give the licensee not less than 14 days to respond to the information.

    (4)     The chief executive may, after considering the new information and any response from the licensee—

        (a)     if the licence is suspended—

              (i)     revoke the suspension; or

              (ii)     confirm the suspension; or

              (iii)     extend the period of the suspension; or

              (iv)     if the chief executive is satisfied that there is a ground for cancellation under section 132 or section 134—cancel the licence; or

        (b)     if the licence is cancelled, but the cancellation has not taken effect—

              (i)     revoke the cancellation; or

              (ii)     confirm the cancellation.

    (5)     The chief executive must revoke a suspension or cancellation if, after considering the new information, the chief executive is satisfied that—

        (a)     the licence should not have been suspended or cancelled; or

        (b)     the licence would not have been suspended or cancelled if the new information was known to the chief executive at the time of the original consideration.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback