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Contents (2017 - 404)
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Work Health and Safety Regulation 2017
Current version for 15 November 2019 to date (accessed 6 December 2019 at 16:58)
Chapter 8 Part 8.10
Part 8.10 Licensing of asbestos removalists and asbestos assessors
Division 1 Asbestos removalists—requirement to be licensed
485   Requirement to hold Class A asbestos removal licence
(1)  A person must not carry out the removal of the following at a workplace unless the person, or the person on whose behalf the work is carried out, holds a Class A asbestos removal licence—
(a)  friable asbestos,
(b)  except as provided in clause 486—ACD.
Note.
 See section 43(1) of the Act.
(2)  A person who conducts a business or undertaking must not direct or allow a worker to carry out the removal of the following unless the person holds a Class A asbestos removal licence—
(a)  friable asbestos,
(b)  except as provided in clause 486—ACD.
Note.
 See section 43(2) of the Act.
486   Exception to requirement to hold Class A asbestos removal licence
A Class A asbestos removal licence is not required for the removal of ACD that—
(a)  is associated with the removal of non-friable asbestos, or
(b)  is not associated with the removal of friable or non-friable asbestos and is only a minor contamination.
487   Requirement to hold Class B asbestos removal licence
(1)  A person must not carry out the removal of the following at a workplace unless the person, or the person on whose behalf the work is carried out, holds a Class B asbestos removal licence or a Class A asbestos removal licence—
(a)  more than 10 square metres of non-friable asbestos or ACM,
(b)  ACD associated with the removal of more than 10 square metres of non-friable asbestos or ACM.
Note.
 See section 43(1) of the Act.
(2)  A person who conducts a business or undertaking must not direct or allow a worker to carry out the removal of the following unless the person holds a Class B asbestos removal licence or a Class A asbestos removal licence—
(a)  more than 10 square metres of non-friable asbestos or ACM,
(b)  ACD associated with the removal of more than 10 square metres of non-friable asbestos or ACM.
Note.
 See section 43(2) of the Act.
488   Recognition of asbestos removal licences in other jurisdictions
(1)  In this Division, a reference to an asbestos removal licence includes a reference to an equivalent licence—
(a)  granted under a corresponding WHS law, and
(b)  that is being used in accordance with the terms and conditions under which it was granted.
(2)  Subclause (1) does not apply to a licence that is suspended or cancelled or has expired in the corresponding jurisdiction.
Division 2 Asbestos assessors—requirement to be licensed
489   Requirement to hold asbestos assessor licence
A person must not carry out the following at a workplace unless the person holds an asbestos assessor licence—
(a)  air monitoring during Class A asbestos removal work,
(b)  clearance inspections for Class A asbestos removal work,
(c)  issuing clearance certificates in relation to Class A asbestos removal work.
Note.
 See section 43(1) of the Act.
490   Recognition of asbestos assessor licences in other jurisdictions
(1)  In this Division, a reference to an asbestos assessor licence includes a reference to an equivalent licence—
(a)  granted under a corresponding WHS law, and
(b)  that is being used in accordance with the terms and conditions under which it was granted.
(2)  Subclause (1) does not apply to a licence that is suspended or cancelled or has expired in the corresponding jurisdiction.
Division 3 Licensing process
491   Who may apply for a licence
(1)  Only a person who conducts, or proposes to conduct, a business or undertaking may apply for an asbestos removal licence.
(2)  Only an individual who holds the qualifications set out in clause 495 may apply for an asbestos assessor licence.
492   Application for asbestos removal licence or asbestos assessor licence
(1)  An application for 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,
(ab)  if required by the regulator of an applicant who is an individual, a photograph of the applicant in the form required by the regulator,
(b)  any other evidence of the applicant’s identity required by the regulator,
(c)  the class of licence to which the application relates,
(d)  if, in the case of an asbestos removal licence, the applicant conducts the business or undertaking under a business name—that business name and a certificate or other written evidence of the registration of the business name,
(e)  a declaration that the applicant does not hold an equivalent licence under a corresponding WHS law,
(f)  if the applicant is an individual—
(i)  a declaration as to whether or not the applicant has ever been convicted or found guilty of any offence under the Act or this Regulation or under any corresponding WHS law, and
(ii)  details of any conviction or finding of guilt declared under subparagraph (i), and
(iii)  a declaration as to whether or not the applicant has been convicted or found guilty of any offence in relation to the unlawful disposal of hazardous waste under the Protection of the Environment Operations Act 1997, and
(iv)  details of any conviction or finding of guilt declared under subparagraph (iii), and
(v)  a declaration as to whether or not the applicant has ever entered into an enforceable undertaking under the Act or under any corresponding WHS law, and
(vi)  details of any enforceable undertaking declared under subparagraph (v), and
(vii)  if the applicant has previously been refused an equivalent licence under a corresponding WHS law, a declaration giving details of that refusal, and
(viii)  if the applicant has previously held an equivalent licence under a corresponding WHS law, a declaration—
(A)  describing any condition imposed on that licence, and
(B)  stating whether or not that licence had been suspended or cancelled and, if so, whether or not the applicant had been disqualified from applying for any licence, and
(C)  giving details of any suspension, cancellation or disqualification,
(g)  if the applicant is a body corporate, the information referred to in paragraph (f) in relation to—
(i)  the body corporate, and
(ii)  each officer of the body corporate,
(h)  in the case of an application for an asbestos removal licence—the additional information referred to in clause 493 or 494, as applicable,
(i)  in the case of an asbestos assessor licence—the additional information referred to in clause 495.
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.
493   Content of application—Class A asbestos removal licence
(1)  For the purposes of clause 492(2)(h), an application for a Class A asbestos removal licence must include the following—
(a)  the names of 1 or more competent persons who have been engaged by the applicant to supervise the asbestos removal work to be authorised by the licence,
(b)  evidence, as required by the regulator, that each named supervisor is at least 18 years of age,
(c)  a copy of a certification issued to each named supervisor for the specified VET course for the supervision of asbestos removal work,
(d)  evidence that each named supervisor has at least 3 years of relevant industry experience,
(e)  evidence that the applicant has a certified safety management system in place.
(2)  If the applicant is an individual who proposes to supervise the carrying out of the Class A asbestos removal work, the statement and information referred to in subclause (1)(b), (c) and (d) must relate to the applicant.
494   Content of application—Class B asbestos removal licence
(1)  For the purposes of clause 492(2)(h), an application for a Class B asbestos removal licence must include the following—
(a)  the name of 1 or more competent persons who have been engaged by the applicant to supervise the asbestos removal work to be authorised by the licence,
(b)  evidence, as required by the regulator, that each named supervisor is at least 18 years of age,
(c)  a copy of a certification issued to each named supervisor for the specified VET course for the supervision of asbestos removal work,
(d)  evidence that each named supervisor has at least 1 year of relevant industry experience.
(2)  If the applicant is an individual who proposes to supervise the carrying out of the Class B asbestos removal work, the statement and information referred to in subclause (1)(b), (c) and (d) must relate to the applicant.
495   Content of application—asbestos assessor licence
For the purposes of clause 492(2)(i), an application for an asbestos assessor licence must include—
(a)  evidence that the applicant has acquired through training or experience the knowledge and skills of relevant asbestos removal industry practice, and
(b)  either—
(i)  a copy of a certification held by the applicant in relation to the specified VET course for asbestos assessor work, or
(ii)  evidence that the applicant holds a tertiary qualification in occupational health and safety, industrial hygiene, science, building construction or environmental health.
496   Additional information
(1)  If an application for a licence does not contain sufficient information to enable the regulator to make a decision whether or not to grant the licence, the regulator may ask the applicant to provide additional information.
(2)  A request for additional information must—
(a)  specify the date (not being less than 28 days after the request) by which the additional information is to be given, and
(b)  be confirmed in writing.
(3)  If an applicant does not provide the additional information by the date specified, the application is to be taken to have been withdrawn.
(4)  The regulator may make more than 1 request for additional information.
497   Decision on application
(1)  Subject to subclause (3), the regulator must grant an asbestos removal licence or asbestos assessor licence if satisfied about—
(a)  the matters referred to in subclause (2), and
(b)  the additional matters referred to in clause 498 or 499, as applicable.
(2)  The regulator must be satisfied about the following—
(a)  the application has been made in accordance with this Regulation,
(b)  the applicant does not hold an equivalent licence under a corresponding WHS law unless that licence is due for renewal,
(c)  if the applicant is an individual, the applicant—
(i)  resides in this jurisdiction, or
(ii)  resides outside this jurisdiction and circumstances exist that justify the grant of the licence,
(d)  if the applicant is a body corporate, the applicant’s registered office—
(i)  is located in this jurisdiction, or
(ii)  is located outside this jurisdiction and circumstances exist that justify the grant of the licence,
(e)  the applicant is able to ensure that the work or other activities to which the licence relates are carried out safely and competently,
(f)  the applicant is able to ensure compliance with any conditions that will apply to the licence.
(3)  The regulator must refuse to grant a licence if satisfied that—
(a)  the applicant is disqualified under a corresponding WHS law from holding an equivalent licence, or
(b)  the applicant, in making the application, has—
(i)  given information that is false or misleading in a material particular, or
(ii)  failed to give any material information that should have been given.
(4)  If the regulator decides to grant the licence, it must notify the applicant within 14 days after making the decision.
(5)  If the regulator does not make a decision within 120 days after receiving the application or the additional information requested under clause 496, the regulator is taken to have refused to grant the licence applied for.
Note.
 A refusal to grant a licence (including under subclause (5)) is a reviewable decision (see clause 676).
498   Class A asbestos removal licence—regulator to be satisfied about additional matters
For the purposes of clause 497(1)(b), in relation to a Class A asbestos removal licence, the regulator must be satisfied that—
(a)  each supervisor named by the applicant—
(i)  is at least 18 years of age, and
(ii)  holds a certification for—
(A)  the specified VET course for the supervision of asbestos removal work, and
(B)  the specified VET course for the Class A asbestos removal work, and
(iii)  has at least 3 years of relevant industry experience, and
(b)  the applicant has a certified safety management system in place.
499   Class B asbestos removal licence—regulator to be satisfied about additional matters
For the purposes of clause 497(1)(b), in relation to a Class B asbestos removal licence the regulator must be satisfied that each supervisor named by the applicant—
(a)  is at least 18 years of age, and
(b)  holds a certification for—
(i)  the specified VET course for the supervision of asbestos removal work, and
(ii)  the specified VET course for the Class B asbestos removal work, and
(c)  has at least 1 year of relevant industry experience.
500   Matters to be taken into account
(1)  For the purposes of clause 497(2)(e) and (f), the regulator must have regard to all relevant matters, including the following—
(a)  any offence under the Act or this Regulation or under a corresponding WHS law of which the applicant has been convicted or found guilty,
(b)  any offence in relation to the unlawful disposal of hazardous waste under the Protection of the Environment Operations Act 1997 of which the applicant has been convicted or found guilty,
(c)  any enforceable undertaking the applicant has entered into under the Act or a corresponding WHS law,
(d)  in relation to any equivalent licence applied for or held by the applicant under the Act or this Regulation or under a corresponding WHS law—
(i)  any refusal to grant the licence, and
(ii)  any condition imposed on the licence, if granted, and
(iii)  any suspension or cancellation of the licence, if granted, including any disqualification from applying for any licence,
(e)  the record of the applicant in relation to any matters arising under the Act or this Regulation or under a corresponding WHS law.
(2)  For the purposes of clause 497(2)(e) and (f), if the applicant is a body corporate, the regulator must have regard to all relevant matters, including the matters referred to in subclause (1), in relation to—
(i)  the body corporate, and
(ii)  each officer of the body corporate.
501   Refusal to grant licence—process
(1)  If the regulator proposes to refuse to grant a licence, the regulator must give the applicant a written notice—
(a)  informing the applicant of the reasons for the proposed refusal, and
(b)  advising the applicant that the applicant may, by a specified date (being not less than 28 days after giving the notice), make a submission to the regulator in relation to the proposed refusal.
(2)  After the date specified in a notice under subclause (1), the regulator must—
(a)  if the applicant has made a submission in relation to the proposed refusal to grant the licence—consider that submission, and
(b)  whether or not the applicant has made a submission—decide whether to grant or refuse to grant the licence, and
(c)  within 14 days after making the decision, give the applicant written notice of the decision, including the reasons for the decision.
Note.
 A refusal to grant a licence is a reviewable decision (see clause 676).
502   Conditions of licence
(1)  The regulator may impose any conditions it considers appropriate on an asbestos removal licence or asbestos assessor licence.
(2)  Without limiting subclause (1), the regulator may impose conditions in relation to 1 or more of the following—
(a)  control measures which must be implemented in relation to the carrying out of work or activities under the licence,
(b)  the recording or keeping of information,
(c)  requiring the licence holder, or a nominated supervisor of the licence holder, to undergo retraining or reassessment during the term of the licence,
(d)  the provision of information to the regulator,
(e)  the nature of work or activities authorised by the licence,
(f)  the circumstances in which work or activities authorised by the licence may be carried out.
Notes.
 
1   
A person must comply with the conditions of a licence (see section 45 of the Act).
2   
A decision to impose a condition on a licence is a reviewable decision (see clause 676).
503   Duration of licence
Subject to this Part, an asbestos removal licence or asbestos assessor licence takes effect on the day it is granted and, unless cancelled earlier, expires 5 years after that day.
504   Licence document
(1)  If the regulator grants an asbestos removal licence or asbestos assessor licence, the regulator must issue to the applicant a licence document in the form determined by the regulator.
(2)  The licence document must include the following—
(a)  the name of the licence holder,
(b)  if the licence holder conducts the business or undertaking under a business name—that business name,
(c)  in the case of an asbestos removal licence—the class of asbestos removal licence and a description of the work within the scope of the licence,
(d)  any conditions imposed on the licence by the regulator,
(e)  the date on which the licence was granted,
(f)  the expiry date of the licence.
505   Licence document to be available
(1)  A licence holder must keep the licence document available for inspection under the Act.
Maximum penalty—
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
(2)  Subclause (1) does not apply if the licence document is not in the licence holder’s possession because—
(a)  it has been returned to the regulator under clause 512, and
(b)  the licence holder has applied for, but has not received, a replacement licence document under clause 513.
Division 4 Amendment of licence and licence document
506   Changes to information
(1)  The licence holder of an asbestos removal licence or asbestos assessor licence must give the regulator written notice of any change to any material particular in any information given at any time by the licence holder to the regulator in relation to the licence within 14 days after the licence holder becomes aware of the change.
Maximum penalty—
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
(2)  Subclause (1) applies whether the information was given in the application for grant or renewal of the licence or in any other circumstance.
507   Change to nominated supervisor
(1)  If there is a change in relation to a supervisor named to the regulator by the holder of an asbestos removal licence (other than a licence holder who is an individual), the licence holder must—
(a)  if the change is to remove a supervisor—within 14 days after the change, ask the regulator to amend the licence under clause 509 to make that change, and
(b)  if the change is to add a supervisor—give the regulator the information about the supervisor referred to in clause 498 or 499.
Maximum penalty—
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
(2)  If the change referred to in subclause (1) is to add a supervisor, that supervisor is not a nominated supervisor for the purposes of this Regulation until the regulator has approved the nomination.
508   Amendment imposed by regulator
(1)  The regulator may, on its own initiative, amend an asbestos removal licence or asbestos assessor licence, including by amending the licence to—
(a)  vary or delete a condition of the licence, or
(b)  impose a new condition on the licence.
(2)  If the regulator proposes to amend a licence, the regulator must give the licence holder written notice—
(a)  setting out the proposed amendment and the reasons for it, and
(b)  advising the licence holder that the licence holder may, by a specified date (being not less than 28 days after giving the notice), make a submission to the regulator in relation to the proposed amendment.
(3)  After the date specified in a notice under subclause (2), the regulator must—
(a)  if the licence holder has made a submission in relation to the proposed amendment—consider that submission, and
(b)  whether or not the licence holder has made a submission—decide—
(i)  to make the proposed amendment, or
(ii)  not to make any amendment, or
(iii)  to make a different amendment that results from consideration of any submission made by the licence holder, and
(c)  within 14 days after making that decision, give the licence holder written notice that—
(i)  sets out the amendment, if any, or states that no amendment is to be made, and
(ii)  if a submission was made in relation to the proposed amendment—sets out the regulator’s reasons for making the amendment, and
(iii)  specifies the date (being not less than the 28 days after the licence holder is given the notice) on which the amendment, if any, takes effect.
Note.
 A decision to amend a licence is a reviewable decision (see clause 676).
509   Amendment on application by licence holder
(1)  The regulator, on application by the licence holder, may amend an asbestos removal licence or asbestos assessor licence, including by amending the licence to vary or delete a condition of the licence.
(2)  If the regulator proposes to refuse to amend the licence, the regulator must give the licence holder a written notice—
(a)  informing the licence holder of the proposed refusal to amend the licence and the reasons for the proposed refusal, and
(b)  advising the licence holder that the licence holder may, by a specified date (being not less than 28 days after giving the notice), make a submission to the regulator in relation to the proposed refusal.
(3)  After the date specified in a notice under subclause (2), the regulator must—
(a)  if the licence holder has made a submission in relation to the proposed refusal—consider that submission, and
(b)  whether or not the licence holder has made a submission—decide—
(i)  to make the amendment applied for, or
(ii)  not to make any amendment, or
(iii)  to make a different amendment that results from consideration of any submission made by the licence holder, and
(c)  within 14 days after making that decision, give the licence holder written notice of the decision in accordance with this clause.
(4)  If the regulator makes the amendment applied for, the notice under subclause (3)(c) must specify the date (being not less than 28 days after the licence holder is given the notice) on which the amendment takes effect.
(5)  If the regulator refuses to make the amendment applied for or makes a different amendment, the notice under subclause (3)(c) must—
(a)  if a submission was made in relation to the proposed refusal of the amendment applied for—set out the reasons for the regulator’s decision, and
(b)  if the regulator makes a different amendment—
(i)  set out the amendment, and
(ii)  specify the date (being not less than 28 days after the licence holder is given the notice) on which the amendment takes effect.
Note.
 A refusal to make the amendment applied for, or a decision to make a different amendment, is a reviewable decision (see clause 676).
510   Minor corrections to licence
The regulator may make minor amendments to a licence, including an amendment—
(a)  to correct an obvious error, or
(b)  to change an address, or
(c)  that does not impose a significant burden on the licence holder.
511   Regulator to give amended licence to the holder
If the regulator amends an asbestos removal licence or asbestos assessor licence and considers that the licence document requires amendment, the regulator must give the licence holder an amended licence document within 14 days after making the decision to amend the licence.
512   Licence holder to return licence
The holder of an asbestos removal licence or asbestos assessor licence that has been amended must return the licence document to the regulator for amendment at the written request of the regulator and within the time specified in the request.
Maximum penalty—
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
513   Replacement licence document
(1)  A licence holder of an asbestos removal licence or an asbestos assessor licence must notify the regulator as soon as practicable if the licence document is lost, stolen or destroyed.
Maximum penalty—
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
(2)  If a licence document is lost, stolen or destroyed, the licence holder may apply to the regulator for a replacement document.
Note.
 A licence holder is required to keep the licence document available for inspection (see clause 505).
(3)  An application for a replacement licence document must be made in the manner and form required by the regulator.
(4)  The application must—
(a)  include a declaration describing the circumstances in which the original document was lost, stolen or destroyed, and
Note.
 See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or this Regulation.
(b)  be accompanied by the relevant fee.
(5)  The regulator must issue a replacement licence document if satisfied that the original document was lost, stolen or destroyed.
(6)  If the regulator refuses to issue a replacement licence document, it must give the licence holder written notice of this decision, including the reasons for the decision, within 14 days after making the decision.
Note.
 A refusal to issue a replacement licence document is a reviewable decision (see clause 676).
514   Voluntary surrender of licence
(1)  A licence holder may voluntarily surrender the licence document to the regulator.
(2)  The licence expires on the surrender of the licence document.
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.
Division 6 Suspension and cancellation of licence
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.
 Clause 507 provides for a licence holder to notify the regulator of any change in a nominated supervisor.
(3)  For the purposes of subclause (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 this Regulation 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 clause 676).
521   Matters taken into account
(1)  In making a decision under clause 520, the regulator must have regard to—
(a)  any submissions made by the licence holder under clause 522, and
(b)  any advice received from a corresponding regulator.
(2)  For the purposes of clause 520(1)(a) and (b), if the licence holder is an individual, the regulator must have regard to all relevant matters, including the following—
(a)  any offence under the Act or this Regulation or under a corresponding WHS law, of which the licence holder has been convicted or found guilty,
(b)  any enforceable undertaking the licence holder has entered into under this Act or a corresponding WHS law,
(c)  in relation to any equivalent licence applied for or held by the licence holder under the Act or this Regulation or under a corresponding WHS law—
(i)  any refusal to grant the licence, and
(ii)  any condition imposed on the licence, if granted, and
(iii)  any suspension or cancellation of the licence, if granted, including any disqualification from applying for any licence,
(d)  the record of the licence holder in relation to any matters arising under the Act or this Regulation or under a corresponding WHS law.
(3)  For the purposes of clause 520(1)(a) and (b), if the licence holder is a body corporate, the regulator must have regard to all relevant matters, including the matters referred to in subclause (2), in relation to—
(i)  the body corporate, and
(ii)  each officer of the body corporate.
522   Notice to and submissions by licence holder
Before suspending or cancelling an asbestos removal licence or asbestos assessor licence, the regulator must give the licence holder a written notice of the proposed suspension or cancellation and any proposed disqualification—
(a)  outlining all relevant allegations, facts and circumstances known to the regulator, and
(b)  advising the licence holder that the licence holder may, by a specified date (being not less than 28 days after giving the notice), make a submission in relation to the proposed suspension or cancellation and any proposed disqualification.
523   Notice of decision
(1)  The regulator must give the licence holder written notice of a decision under clause 520 to suspend or cancel an asbestos removal licence or asbestos assessor licence within 14 days after making the decision.
(2)  The notice must—
(a)  state that the licence is to be suspended or cancelled, and
(b)  if the licence is to be suspended, state—
(i)  when the suspension begins and ends, and
(ii)  the reasons for the suspension, and
(iii)  whether the licence holder is required to undergo retraining or reassessment or take any other action before the suspension ends, and
(iv)  whether or not the licence holder is disqualified from applying for a further licence during the suspension, and
(c)  if the licence is to be cancelled, state—
(i)  when the cancellation takes effect, and
(ii)  the reasons for the cancellation, and
(iii)  whether or not the licence holder is disqualified from applying for a further licence, and
(d)  if the licence holder is disqualified from applying for a further licence, state—
(i)  when the disqualification begins and ends, and
(ii)  the reasons for the disqualification, and
(iii)  whether or not the licence holder is required to undergo retraining or reassessment or take any other action before the disqualification ends, and
(iv)  any other class of licence under this Regulation that the licence holder is disqualified from applying for, and
(e)  state when the licence document must be returned to the regulator.
524   Immediate suspension
(1)  The regulator may suspend an asbestos removal licence or asbestos assessor licence on a ground referred to in clause 520 without giving notice under clause 522, if satisfied that—
(a)  work carried out under the licence should cease because the work may involve an imminent serious risk to the health or safety of any person, or
(b)  a corresponding regulator has suspended an equivalent licence held by the licence holder under this clause as applying in the corresponding jurisdiction.
(2)  If the regulator decides to suspend a licence under this clause—
(a)  the regulator must give the licence holder written notice of the suspension and the reasons for the suspension, and
(b)  the suspension of the licence takes effect on the giving of the notice.
(3)  The regulator must then—
(a)  give notice under clause 522 within 14 days after giving the notice under subclause (2), and
(b)  make its decision under clause 520.
(4)  If the regulator does not give notice under subclause (3), the suspension ends at the end of the 14 day period.
(5)  If the regulator gives notice under subclause (3), the licence remains suspended until the decision is made under clause 520.
525   Licence holder to return licence document
A licence holder, on receiving a notice under clause 523, must return the licence document to the regulator in accordance with the notice.
Maximum penalty—
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
526   Regulator to return licence document after suspension
The regulator must return the licence document to the licence holder within 14 days after the licence suspension ends.
Division 7 General
527   Asbestos removal licence register
* * * * *
Note.
 Not adopted in NSW. See clause 702B (Register of certain licences and general construction induction training cards).
528   Asbestos assessors register
* * * * *
Note.
 Not adopted in NSW. See clause 702B (Register of certain licences and general construction induction training cards).
529   Work must be supervised by named supervisor
A person who holds an asbestos removal licence must ensure that asbestos removal work authorised by the licence is supervised by a supervisor named to the regulator by the licence holder.
Maximum penalty—
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.