Queensland Numbered Acts Queensland Numbered ActsAfter section 105--
insert--
'(1) This section applies if--
(a) a person holds a positive exemption notice on the basis the person also holds a CCYPCG positive notice; and
(b) the CCYPCG positive notice is suspended under the CCYPCG Act.
'(2) The chief executive must suspend the person's positive exemption notice by notice given to the person.
'(3) The notice about the suspension must state the following--
(a) the positive exemption notice held by the person is suspended;
(b) the reason for the suspension;
(c) how long the suspension will continue;
(d) the effect of the suspension;
(e) the person must return the positive exemption notice to the chief executive within 7 days after the notice about the suspension is given to the person;
(f) the relevant review and appeal information.
'(4) Until the suspension ends, the person whose positive exemption notice is suspended and who is given a notice under subsection (2) must not apply for, or start or continue in, regulated engagement.
Maximum penalty--500 penalty units or 5 years imprisonment.
'(5) Within 7 days after a person is given notice under subsection (2), the person must return the person's positive exemption notice to the chief executive.
Maximum penalty--100 penalty units.
'(6) Also, if the person is engaged by a funded non-government service provider, the chief executive must give notice to the service provider stating the following--
(a) the positive exemption notice held by the person is suspended;
(b) how long the suspension will continue;
(c) the effect of the suspension;
(d) that the service provider must not allow the person to work at a service outlet of the service provider while the person's positive exemption notice is suspended;
(e) the service provider must not terminate the persons engagement or continued engagement solely or mainly because the person's positive exemption notice is suspended.
'(7) A funded non-government service provider to whom notice is given under subsection (6) must not allow the person to work at a service outlet of the service provider while the person's positive exemption notice is suspended.
Maximum penalty--
(a) for an individual guilty under chapter 2 of the Criminal Code of an offence or for section 206--200 penalty units; or
(b) for a funded non-government service provider--1000 penalty units.
'(8) A funded non-government service provider to whom a notice is given under subsection (6) about a person must not terminate the person's engagement or continued engagement solely or mainly because the service provider is given the notice.
'(1) This section applies to a positive exemption notice held by a person that is suspended under section 105A (the suspended notice).
'(2) The suspension ends if--
(a) the suspended notice is cancelled under another provision of this division; or
(b) the suspended notice ceases to have effect under section 89F(2) because the person's CCYPCG positive notice is cancelled under the CCYPCG Act; or
(c) 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 exemption notice or negative exemption notice to the person; or
(ii) the chief executive cancels the suspended notice as mentioned in subsection (6).
'(3) If subsection (2)(b) applies--
(a) the chief executive may, on the chief executive's own initiative or on application by the person, issue a positive notice or negative notice to the person; and
(b) in making a decision under paragraph (a), the chief executive must make the decision as if it were a decision about a prescribed notice application and, for that purpose, sections 85, 86 and 87 apply in relation to making the decision.
'(4) In making a decision under subsection (2)(c) to cancel the suspended notice and, subject to subsection (6), issue a replacement notice to the person, the chief executive must make the decision as if it were a decision about an exemption notice application and, for that purpose, sections 89C, 89D and 89E apply in relation to making the decision.
'(5) If the chief executive proposes to issue a negative notice or negative exemption notice under subsection (3) or (4), the chief executive must first comply with section 88 as if--
(a) the reference in section 88(2) to deciding the application by issuing a negative notice were a reference to issuing a negative notice or negative exemption notice under this section; and
(b) the reference in section 88(4) to deciding the application were a reference to cancelling the suspended notice and issuing a prescribed notice or exemption notice under this section.
'(6) The chief executive may cancel the suspended positive exemption notice without issuing a further exemption notice or a 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 positive exemption notice or positive notice is issued to the person.
'(7) If the chief executive issues a negative notice or negative exemption notice to the person under this section, the chief executive must give the person a notice stating--
(a) the reasons for the chief executive's decision to issue a negative notice or negative exemption notice to the person; and
(b) the relevant review and appeal information.
'(8) Also, if the person is engaged by a funded non-government service provider and the chief executive issues a further exemption notice or a prescribed notice to the person under this section, the chief executive must give notice to the service provider stating--
(a) the person's suspended notice has been cancelled under this section or, if subsection (2)(b) applies, ceased to have effect under section 89F; and
(b) whether the person has been issued a positive notice, negative notice, positive exemption notice or negative exemption notice.
'(9) Despite an application made by the person as mentioned in subsection (2)(c), the chief executive is not required to decide the application while the person's CCYPCG positive notice is suspended under the CCYPCG Act.
'(1) This section applies if--
(a) a person was issued a positive exemption notice; and
(b) the person no longer holds a CCYPCG positive notice that is current under the CCYPCG Act.
'(2) The chief executive must give the person a notice stating that the person's positive exemption notice has ceased to have effect under section 89F.
'(3) The notice must also advise the person that a prescribed notice application may be made about the person if the person does not hold a CCYPCG positive notice and is not a disqualified person.
'(4) Also, if the person is engaged by a funded non-government service provider at a service outlet of the service provider, the chief executive must give the service provider a notice stating that--
(a) the positive exemption notice held by the person has ceased to have effect under section 89F; and
(b) a prescribed notice application may be made about the person if the person does not hold a CCYPCG positive notice and is not a disqualified person.
'(5) A person who is given notice under subsection (2) that the person's positive exemption notice has ceased to have effect must immediately return the positive exemption notice to the chief executive, unless the person has a reasonable excuse.
Maximum penalty for subsection (5)--100 penalty units.
'(1) A person, including a person whose positive notice is suspended under section 104 or whose positive exemption notice is suspended under section 105A, may, by notice, ask the chief executive to cancel the person's positive notice or positive exemption notice.
'(2) After receiving the notice, the chief executive must--
(a) cancel the positive notice or positive exemption notice; and
(b) give the person a notice stating that--
(i) the positive notice or positive exemption notice has been cancelled; and
(ii) the person must not apply for, or start or continue in, regulated engagement.
'(3) The person must not apply for, or start or continue in, regulated engagement unless the chief executive issues a further positive notice or positive exemption notice to the person.
Maximum penalty--500 penalty units or 5 years imprisonment.
'(4) If the person is engaged by a funded non-government service provider, the chief executive must give notice about the cancellation of the person's positive notice or positive exemption notice to the service provider.
'(5) A notice under subsection (4) must state that a funded non-government service provider to whom the notice is given must not engage, or continue to engage, the person at a service outlet of the service provider.'.