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WORK HEALTH AND SAFETY REGULATION 2011 - REG 106
Suspension or cancellation of licence
106 Suspension or cancellation of licence
(1) The regulator may suspend or cancel a high risk work licence if satisfied
that— (a) the licence holder has failed to take reasonable care to carry out
the high risk work safely and competently; or
(aa) the licence holder has
failed to comply with a condition of the licence; or
(b) the licence holder,
in the application for the grant or renewal of the licence or on request by
the regulator for additional information— (i) gave information that was
false or misleading in a material particular; or
(ii) failed to give any
material information that should have been given in that application or on
that request; or
(c) the licence was granted or renewed on the basis of a
certification that was obtained on the basis of the giving of false or
misleading information by any person or body or that was obtained improperly
through a breach of a condition of accreditation by the accredited assessor
who conducted the competency assessment; or
(d) the licence holder has failed
to obtain a reassessment of the holder’s competency directed under
section 95 .
(2) If the regulator suspends or cancels a licence, the
regulator may disqualify the licence holder from applying for— (a) a further
high risk work licence of the same class; or
(b) another licence under this
regulation to carry out work which requires skills that are the same as or
similar to those required for the work authorised by the licence that has been
suspended or cancelled.
Note— A decision to suspend a licence, to cancel a
licence or to disqualify the licence holder from applying for a further
licence is a reviewable decision, see section 676 .
(3) If the regulator
suspends a licence, the regulator may vary the conditions of the licence,
including by imposing different or additional conditions.
(4) A variation of
conditions under subsection (3) takes effect when the suspension of the
licence ends. Note— A decision to vary a condition of a licence is a
reviewable decision, see section 676 .
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