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Contents (2001 - 648)
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Occupational Health and Safety Regulation 2001
Repealed version for 7 June 2011 to 31 December 2011 (accessed 17 September 2019 at 18:15)
Chapter 10 Part 10.3 Clause 328
328   Suspension or cancellation of licences
(1)  WorkCover may suspend or cancel a licence if satisfied that the holder of the licence:
(a)  has made a statement, in or in connection with an application for the licence, that the holder knew, when the statement was made, to be false or misleading in a material particular, or
(b)  has done or authorised licensed work in such a manner as to expose any person (including any of his or her employees or agents) to a health or safety risk from the licensed work that could reasonably have been avoided, or
(c)  has contravened a condition of the licence, or
(d)  has failed to comply with the requirements of an improvement notice or prohibition notice under this Regulation, or
(e)  has been convicted of an offence against the Act or any regulation (including this Regulation) under the Act, or
(f)  in the case of an individual, is no longer a fit and proper person to hold the licence, or
(g)  in the case of a corporation, has a director who is no longer a fit and proper person to hold a licence.
(2)  Before suspending or cancelling a licence, WorkCover:
(a)  must cause notice of the proposed suspension or cancellation to be given to the holder of the licence, and
(b)  must give the holder of the licence a reasonable opportunity to make representations to WorkCover in relation to the proposed suspension or cancellation, and
(c)  must have regard to any representations so made.
(3)  The suspension or cancellation of a licence takes effect on the date on which notice of the suspension or cancellation is given to the holder of the licence or on such later date as may be specified in the notice.