Victorian Consolidated Regulations

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OCCUPATIONAL HEALTH AND SAFETY REGULATIONS 2017 - REG 500

Extension of date of suspension or cancellation if review sought

    (1)     Despite anything to the contrary in regulation 499, if the Authority decides to suspend or cancel a licence and the licence holder applies for a process review of the decision under Part 6.3 (Review of decisions), the licence continues to have effect for the period specified in this regulation as if it had not been suspended or cancelled.

    (2)     If the person applied for a process review of the decision and the Authority confirmed the decision and the person applies to the Tribunal for a review of the decision in accordance with these Regulations, the licence continues to have effect until whichever of the following occurs first—

        (a)     the person withdraws the application for review; or

        (b)     the Tribunal makes its determination on the application for review.

    (3)     If the person applied for a process review of the decision and the Authority confirmed the decision and the person does not apply to the Tribunal for a review of the decision in accordance with these Regulations, the licence continues to have effect until 14 days after the person received written notice of the process review decision.

    (4)     Subject to subregulations (5) and (6), if the person applied for a process review of the decision and the Authority set aside the decision, the licence continues to have effect until the new decision is made.

    (5)     If the new decision is to cancel or suspend the licence and the person applies to the Tribunal for a review of the new decision in accordance with these Regulations the licence continues to have effect until whichever of the following occurs first—

        (a)     the person withdraws the application for review;

        (b)     the Tribunal makes its determination on the application for review.

    (6)     If the new decision is to cancel or suspend the licence and the person does not apply to the Tribunal for a review of the decision in accordance with these Regulations, the licence continues to have effect until 14 days after the person received written notice of the new decision.

    (7)     This regulation does not apply in relation to a licence if the Authority specified a period of less than 14 days under regulation 499 in taking action under that regulation.



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