Queensland Consolidated Acts

COAL MINING SAFETY AND HEALTH ACT 1999 - SECT 231

231 Amending, suspending or cancelling accreditations—procedure

(1) If the Minister considers a ground exists to amend, suspend or cancel an accreditation (the
"proposed action" ), the Minister must give the accredited corporation notice stating the following—

(a) the proposed action;

(b) the ground for the proposed action;

(c) an outline of the facts and circumstances forming the basis for the ground;

(d) if the proposed action is to amend the accreditation, including a condition of the accreditation—the proposed amendment;

(e) if the proposed action is to suspend the accreditation—the proposed suspension period;

(f) that the corporation may show, within a stated time of at least 28 days, why the proposed action should not be taken.

(2) If, after considering all written representations made within the stated time, the Minister still considers a ground exists to take the proposed action, the Minister may—

(a) if the proposed action was to amend the accreditation—amend the accreditation; or

(b) if the proposed action was to suspend the accreditation—suspend the accreditation for no longer than the period stated in the notice; or

(c) if the proposed action was to cancel the accreditation—amend the accreditation, suspend the accreditation for a period or cancel it.

(3) The Minister must inform the corporation of the decision by notice.

(4) If the Minister decides to amend, suspend or cancel the accreditation, the notice must state the following—

(a) the decision;

(b) the reasons for the decision;

(c) that the corporation may apply within 28 days for the decision to be reviewed;

(d) how the corporation may apply for the review;

(e) that the corporation may apply for a stay of the decision if the corporation applies for a review.

(5) The decision takes effect on the later of the following—

(a) the day the notice is given to the corporation;

(b) the day stated in the notice.

(6) Subsections (1) to (5) do not apply—

(a) if the Minister proposes to amend the accreditation only—

(i) for a formal or clerical reason; or

(ii) in another way that does not adversely affect the corporation’s interests; or

(b) if the corporation asks the Minister to amend the accreditation and the Minister proposes to give effect to the request.

(7) The Minister may amend an accreditation under subsection (6) by notice given to the corporation.