Commonwealth Numbered Regulations

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SAFETY, REHABILITATION AND COMPENSATION REGULATIONS 2019 (F2019L00423) - REG 22

Effect of revocation--former licensed authorities

             (1)  The following provisions have effect in relation to the former licensed authority during the preservation period despite the revocation of the authority's final licence:

                     (a)  the former licensed authority is taken to hold a licence (the preserved licence ) with the same scope as the final licence held by the authority immediately before the final licence was revoked;

                     (b)  the preserved licence:

                              (i)  is taken to be a licence that is in force for the purposes of the Act in accordance with this Division; and

                             (ii)  is subject to the same conditions as the final licence;

                     (c)  the functions, powers, rights, obligations and liabilities of the former licensed authority under the Act that applied in relation to the authority immediately before the revocation of the final licence continue to apply in relation to the authority;

                     (d)  unless Comcare arranges for another person to act as the rehabilitation authority for the authority's employees in accordance with section 25--the principal officer of the former licensed authority is taken to be the rehabilitation authority for the authority's employees and sections 36, 37, 38, 39, 41 and 41A of the Act apply;

                     (e)  the former licensed authority is, for the purposes of section 40 of the Act, taken to be the relevant employer of the authority's employees;

                      (f)  Comcare and the Commission may perform their respective functions and exercise their respective powers under the Act:

                              (i)  in relation to the preserved licence as if the preserved licence were the final licence; and

                             (ii)  in relation to the former licensed authority as if the former licensed authority were a licensed authority.

             (2)  For the purposes of subsection (1), the preservation period is the period beginning on the day the final licence is revoked and ending on the day (the preservation period end day ) determined by the Commission under subsection 23(2).

             (3)  On and after the day the final licence is revoked, the Act ceases to apply to the former licensed authority and its employees, except as provided by this Subdivision.



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