Victorian Consolidated Regulations

OCCUPATIONAL HEALTH AND SAFETY REGULATIONS 2017 - REG 496

The Authority may suspend or cancel a licence if it is satisfied of any of the following matters—

        (a)     that the licence holder is not complying, or did not comply, with any of the terms and conditions of the licence;

        (b)     that the licence holder—

              (i)     gave information in the application for, or the renewal of, the licence, or in any other circumstance, that was false or misleading in a material particular (without advising the Authority in writing at the time that the information was given that it was false or misleading);

              (ii)     did not, at any time, disclose material information to the Authority;

        (c)     that the licence was granted on the basis of a notice of assessment (satisfactory) that was obtained or provided on the basis of fraud or the provision of false or misleading information by any person or body;

        (d)     in the case of a licence, other than a major hazard facility licence, that the licence holder is not, or has not been, safely and competently performing the activities that the licence authorises the licence holder to perform;

        (e)     in the case of a major hazard facility licence—

              (i)     that the licence holder is not, or has not been, safely and competently operating the major hazard facility;

              (ii)     that the safety management system for the major hazard facility no longer provides a comprehensive and integrated management system for all aspects of risk control measures adopted in relation to major incident hazards and major incidents;

              (iii)     that risk control measures adopted by the licence holder under regulation 371 are materially deficient;

              (iv)     that the licence holder no longer understands the content of the safety assessment;

              (v)     that the licence holder no longer has the ability to safely and competently operate the major hazard facility;

        (f)     in the case of the holder of a high risk work licence, that the licence holder is not competent to perform the high risk work authorised by the licence without risk to the licence holder's health or safety or the health or safety of other persons;

        (g)     in the case of the holder of a Class A asbestos removal licence, that the licence holder did not maintain certification for an asbestos occupational health and safety management system;

        (h)     in the case of the holder of a carcinogens licence—

              (i)     that the licence holder has ceased to carry on business at the address to which the licence relates;

Reg. 496(h)(ii) amended by S.R. Nos 137/2021 reg. 12(1), 63/2024 reg. 17(a).

              (ii)     that the activities of the licence holder under the licence pose an immediate risk to health or safety.

Reg. 496(i) inserted by S.R. No. 137/2021 reg. 12(2), revoked by S.R. No. 63/2024 reg. 17(b).

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Note

In paragraph (c), "person or body" would include the licence holder and the authorised assessor who issued the notice of assessment (satisfactory).