520—Suspension or cancellation of licence
(1) The regulator may
suspend or cancel an asbestos removal licence or asbestos assessor licence if
satisfied about 1 or more of the following:
(a) the
licence holder has failed to ensure that the work or other activities
authorised by the licence are carried out safely and competently;
(b) the
licence holder has failed to ensure compliance with a condition of the
licence, including a condition requiring the licence holder, or a nominated
supervisor of the licence holder, to undergo retraining or reassessment during
the term of the licence;
(c) 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;
(d) in
relation to an asbestos removal licence—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;
(e) in
relation to a Class A asbestos removal licence—the licence holder
has failed to have a certified safety management system in place.
(2) It is a ground for
the suspension or cancellation of an asbestos removal licence if the licence
holder does not have a qualified nominated asbestos removal supervisor.
Note—
Regulation 507 provides for a licence holder to notify the regulator of
any change in a nominated supervisor.
(3) For the purposes
of subregulation (1)(b), a licence holder complies with a condition on
the licence that requires the licence holder or a nominated supervisor of the
licence holder to undergo retraining or reassessment during the term of the
licence if the licence holder provides a certification in relation to that
retraining or reassessment.
(4) If the regulator
suspends or cancels a licence, the regulator may disqualify the licence holder
from applying for—
(a) a
further licence of the same type; or
(b)
another licence under these regulations 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 regulation 676).