(1) This section applies to an application for—
(a) an asbestos removal licence; or
(b) an asbestos assessor licence.
(2) The application must include the following information:
(a) the name and address of the applicant;
(aa) 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, the
title="A2004-12">Construction Occupations (Licensing) Act 2004, or under any corresponding WHS law; and
Note 1 A conviction does not include a spent conviction (see href="http://www.legislation.act.gov.au/a/2000-48" title="A2000-48">Spent Convictions Act 2000
, s 16 (c) (i)).
Note 2 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see href="http://www.legislation.act.gov.au/a/2001-14" title="A2001-14">Legislation Act
, s 104).
(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
title="A1997-92">Environment Protection Act 1997or the
title="A2009-34">Dangerous Goods (Road Transport) Act 2009; 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, the href="http://www.legislation.act.gov.au/a/2004-12" title="A2004-12">Construction Occupations (Licensing) Act 2004
, 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 the
title="A2004-12">Construction Occupations (Licensing) Act 2004or a corresponding WHS law, a declaration giving details of that refusal; and
(viii) if the applicant has previously held an equivalent licence under the
title="A2004-12">Construction Occupations (Licensing) Act 2004or 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 section 493 (Content of application—Class A asbestos removal licence) or 494 (Content of application—Class B asbestos removal licence), as applicable;
(i) in the case of an asbestos assessor licence—the additional information referred to in section 495 (Content of application—asbestos assessor licence).
Note 1 A fee may be determined under the href="http://www.legislation.act.gov.au/a/2011-35/default.asp" title="Work Health and Safety Act 2011">Act
, s 278 for this provision.
Note 2 If a form is approved under the href="http://www.legislation.act.gov.au/a/2011-35/default.asp" title="Work Health and Safety Act 2011">Act
, s 277 for this provision, the form must be used.
Note 3 It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see
title="A2002-51">Criminal Code, pt 3.4).