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OZONE PROTECTION AND SYNTHETIC GREENHOUSE GAS MANAGEMENT REGULATIONS 1995 - REG 123

Minister may cancel or suspend RAC industry permits

  (1)   The Minister may cancel or suspend an RAC industry permit if he or she is satisfied that the holder:

  (a)   is no longer a fit and proper person to hold the permit; or

  (b)   has contravened a condition to which the permit was subject; or

  (c)   does not have the knowledge, ability and experience necessary to competently carry out the work covered by the permit; or

  (d)   for an authorisation--does not meet the requirements set out in subregulation   140(3); or

  (e)   for a halon special permit--does not meet the requirements set out in subregulation   150(3).

  (1A)   The Minister may suspend an RAC industry permit:

  (a)   for a fixed period; or

  (b)   until the Minister is satisfied on reasonable grounds that:

  (i)   a thing that contributes to the grounds for the suspension is remedied; and

  (ii)   if the thing is required to be remedied in a stated way--the thing is remedied in that way or in a way that is equally effective.

  (2)   The Minister cancels or suspends an RAC industry permit by giving the holder a notice:

  (a)   stating that the permit has been cancelled or suspended; and

  (b)   setting out the reasons for the cancellation or suspension; and

  (c)   stating:

  (i)   for a suspension for a fixed period--the period of the suspension; or

  (ii)   for a suspension mentioned in paragraph   (1A)(b)--the date the suspension begins and that the permit is suspended until a stated thing is remedied.

  (2A)   A notice that contains a statement mentioned in subparagraph   (2)(c)(ii) may also state how the thing is to be remedied.

  (2B)   For a permit that is suspended until a stated thing is remedied, the holder must tell the Minister in writing when, and how, the thing is remedied.

  (2C)   If the Minister decides that the thing is remedied:

  (a)   the Minister must give the holder a notice stating that the Minister is satisfied that the thing is remedied; and

  (b)   the suspension ends on the day after the day the holder is given the notice.

  (2D)   If the Minister decides that the thing is not remedied, the Minister must give the holder a notice stating that the Minister is not satisfied that the thing is remedied.



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