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Contents (2011 - 674)
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Work Health and Safety Regulation 2011
Repealed version for 1 July 2017 to 31 August 2017 (accessed 18 September 2019 at 23:36)
Chapter 8 Part 8.10 Division 5
Division 5 Renewal of licence
515   Regulator may renew licence
The regulator may renew an asbestos removal licence or asbestos assessor licence on application by the licence holder.
516   Application for renewal
(1)  An application for renewal of an asbestos removal licence or asbestos assessor licence must be made in the manner and form required by the regulator.
(2)  The application must include the following information:
(a)  the name and address of the applicant,
(b)  if required by the regulator of an applicant who is an individual, a photograph of the applicant in the form required by the regulator,
(c)  any other evidence of the applicant’s identity required by the regulator,
(d)  written evidence that the applicant has obtained any retraining or reassessment or taken any other action required under clause 502,
(e)  a declaration by the applicant that the applicant or a supervisor named by the applicant, as applicable, has maintained the competency required to carry out the work covered by the licence.
Note.
 See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or this Regulation.
(3)  The application must be accompanied by the relevant fee.
(4)  The application must be made before the expiry of the licence.
517   Provisions relating to renewal of licence
(1)  For the purposes of this Division:
(a)  clause 496 applies as if a reference in that clause to an application for a licence were a reference to an application to renew a licence, and
(b)  clauses 497 (except subclause (5)), 500, 502 and 503 apply as if a reference in those clauses to the grant of a licence were a reference to the renewal of a licence, and
(c)  clause 501 applies as if a reference in that clause to a refusal to grant a licence were a reference to a refusal to renew a licence.
(2)  The regulator must not renew an asbestos removal licence unless the regulator is satisfied about the matters referred to in clause 518.
(3)  The regulator must not renew an asbestos removal licence or asbestos assessor licence granted to a person under a corresponding WHS law if that licence is renewed under that law.
(4)  If a licence holder applies under clause 516 for the renewal of an asbestos removal licence or asbestos assessor licence, the licence is taken to continue in force from the day it would, apart from this subclause, have expired until the licence holder is given notice of the decision on the application.
Note.
 A refusal to renew a licence is a reviewable decision (see clause 676).
518   Renewal of asbestos removal licence—regulator to be satisfied about certain matters
For the purposes of clause 517, the regulator must not renew an asbestos removal licence unless satisfied that:
(a)  each supervisor named by the applicant:
(i)  holds a certification for the specified VET course for supervision of the asbestos removal work to be authorised by the licence, and
(ii)  has appropriate experience in the asbestos removal work to be authorised by the licence, and
(b)  asbestos removal work of the type authorised by the licence has been carried out on behalf of the applicant during the term of the licence.
519   Status of licence during review
(1)  This clause applies if the regulator gives a licence holder written notice of its decision to refuse to renew the licence.
(2)  If the licence holder does not apply for internal review of the decision, the licence continues to have effect until the last of the following events:
(a)  the expiry of the licence,
(b)  the end of the time for applying for an internal review.
(3)  If the licence holder applies for an internal review of the decision, the licence continues to have effect until the earlier of the following events:
(a)  the licence holder withdraws the application for review,
(b)  the regulator makes a decision on the review.
(4)  If the licence holder does not apply for an external review, the licence continues to have effect until the end of the time for applying for an external review.
(5)  If the licence holder applies for an external review, the licence continues to have effect until the earlier of the following events:
(a)  the licence holder withdraws the application for review,
(b)  the Civil and Administrative Tribunal makes a decision on the review.
(6)  The licence continues to have effect under this clause even if its expiry date passes.