Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) The following persons may apply to the regulator for a WHS entry permit held by a person to be revoked:
(a) the relevant person conducting a business or undertaking;
(b) any other person in relation to whom the WHS entry permit-holder has exercised or purported to exercise a right under this part;
(c) any other person affected by the exercise or purported exercise of a right under this part by a WHS entry permit-holder.
Note The regulator has power to reverse or change the decision. The power to reverse or change the decision is exercisable in the same way, and subject to the same conditions, as the power to make the decision (see Legislation Act
, s 180).
(2) The grounds for an application for revocation of a WHS entry permit are—
(a) that the permit-holder no longer satisfies the eligibility criteria for—
(i) a WHS entry permit; or
(ii) an entry permit under a corresponding WHS law, the Fair Work Act
or the Workplace Relations Act 1996
(Cwlth); or
(b) that the permit-holder has contravened any condition of the WHS entry permit; or
(c) that the permit-holder has acted, or purported to act, in an improper manner in the exercise of any right under this Act; or
Note A reference to an Act includes a reference to statutory instruments made or in force under the Act, including a regulation and any law or instrument applied, adopted or incorporated by the Act (see Legislation Act
, s 104).
(d) in exercising or purporting to exercise a right under this part, that the permit-holder has intentionally hindered or obstructed a person conducting the business or undertaking or workers at a workplace.
(3) The applicant must give written notice of the application, setting out the grounds for the application, to the person who holds the WHS entry permit and the union concerned.
(4) The person who holds the WHS entry permit and the union that the WHS entry permit-holder represents are parties to the application.