(1) A person who holds both of the following may apply to the chief executive under the repealed WHS regulation, part 8, division 2, until the end of 31 December 2012 for a licence to perform a class of high risk work mentioned in column 1 of the table (the
"column 1 class" )—(a) an assessment summary of a type defined under section 18(5) of the repealed WHS regulation for the unit of competency stated in schedule 5 of that regulation for the class of high risk work;(b) a statement of attainment, issued by an RTO within 14 days before the application is made, for the unit of competency stated in schedule 5 of the repealed WHS regulation for the class of high risk work.
(2) The chief executive must deal, or continue to deal, with the application under part 8, division 2 of the repealed WHS regulation.Note—A refusal to grant an application, and the imposition of a condition on the grant of the application, is a reviewable decision. See section 676.
(3) If the chief executive decides to grant the licence—(a) the licence is taken to be a high risk work licence granted by the regulator under part 4.5 for the class of high risk work mentioned in column 2 of the table shown opposite the column 1 class; and(b) any conditions on the licence granted by the chief executive continue to apply to the high risk work licence; and(c) the licence granted by the chief executive under section 91 of the repealed WHS regulation is taken to be a licence document issued by the regulator under section 93 for the high risk work.