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CRIMINAL HISTORY SCREENING LEGISLATION AMENDMENT ACT 2010 No. 5 - SECT 120

120 Amendment of s 101 (Chief executive may cancel a prescribed notice and substitute another prescribed notice)

(1) Section 101(1)(b), from 'regard'--

omit, insert--

'regard to--
(i) information received under section 114, 114A or 115 about the person, other than information known to the chief executive at the time the cancelled notice was issued; or
(ii) a decision of a court made after the cancelled notice was issued, including the reasons for the decision, relating to an offence committed by the person.'.

(2) Section 101(1)(b)(i), after '114A'--

insert--

', 114B'.

(3) Section 101(3)--

omit, insert--

'(3) The chief executive may cancel a negative notice (the cancelled notice) about a person and, subject to subsection (6), substitute it with a positive notice if--

(a) the chief executive is satisfied that the decision on the application for the cancelled notice was based on wrong or incomplete information and, based on the correct or complete information, the chief executive should issue a positive notice to the person; or
(b) a penalty or order of a court of the type mentioned in section 102(1), that required the chief executive to cancel the positive notice and issue a negative notice, is not upheld on appeal; or
(c) the chief executive is satisfied that it is appropriate to cancel the negative notice having regard to information not known to the chief executive at the time the negative notice was issued.'.

(4) Section 101(3)(b)--

omit, insert--

'(b) the negative notice was issued because the person was a relevant disqualified person and the person is no longer a relevant disqualified person; or'.

(5) Section 101(6)--

omit, insert--

'(6) If, for subsection (3), the chief executive's decision under subsection (4) is that the person should be issued a positive notice, the chief executive may issue a positive notice to the person only if the chief executive is satisfied the person is proposing, if the positive notice is issued, to be engaged in regulated engagement.

'(7) The chief executive may cancel a person's negative notice under subsection (3) even if--

(a) a positive notice is not issued to the person under subsection (6) until a later time; or
(b) a positive notice is never issued to the person under subsection (6).

'(8) The chief executive may act under subsection (3) only on the chief executive's own initiative.

Note--
For the chief executive's power to cancel a negative notice on application by a person, see section 100.'.


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