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CRIMINAL HISTORY SCREENING LEGISLATION AMENDMENT ACT 2010 No. 5 - SECT 125

125 Amendment of s 105 (Cancellation of suspension and issue of further prescribed notice)

(1) Section 105, heading, 'Cancellation'--

omit, insert--

'Ending'.

(2) Section 105(2) to (4)--

omit, insert--

'(2) The suspension ends if--

(a) the suspended notice is cancelled under another provision of this division; or
(b) on the chief executive's own initiative or on application by the person--
(i) the chief executive cancels the suspended notice and issues a further positive notice or a negative notice to the person; or
(ii) the chief executive cancels the suspended notice as mentioned in subsection (5).'.

(3) Section 105(5), 'under subsection (3)'--

omit, insert--

'to cancel the suspended notice and, subject to subsection (5), issue a further positive notice or a negative notice to the person'.

(4) Section 105(5) and (6)--

renumber as section 105(3) and (4).

(5) Section 105--

insert--

'(5) The chief executive may cancel the suspended positive notice without issuing a further prescribed notice to the person if the chief executive is satisfied that the person is no longer proposing to be engaged in regulated engagement, even if a further positive notice is issued to the person.'.

(6) Section 105--

insert--

'(6) Despite an application made by the person as mentioned in subsection (2)(b), the chief executive is not required to decide the application--

(a) while a charge against the person for a disqualifying offence is pending; or
(b) while the person is a relevant disqualified person because the person is subject to a temporary offender prohibition order or interim sexual offender order; or
(c) if the person has been convicted of a disqualifying offence and--
(i) the period allowed for an appeal relating to the conviction or sentence of the person has not ended; or
(ii) an appeal relating to the conviction or sentence has started but has not been decided; or
(d) if the person is subject to a final offender prohibition order, disqualification order or final sexual offender order and--
(i) the period allowed for an appeal relating to the order has not ended; or
(ii) an appeal relating to the order has started but has not been decided.'.


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