Australian Capital Territory Current Regulations

WORK HEALTH AND SAFETY REGULATION 2011 - REG 497

    (1)     Subject to subsection (3), the regulator must grant an asbestos removal licence or asbestos assessor licence if satisfied about—

        (a)     the matters referred to in subsection (2); and

        (b)     the additional matters referred to in section 498 (Class A asbestos removal licence—regulator to be satisfied about additional matters) or section 499 (Class B asbestos removal licence—regulator to be satisfied about additional matters), 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 the ACT; or

              (ii)     resides outside the ACT 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 the ACT; or

              (ii)     is located outside the ACT 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 section 496, the regulator is taken to have refused to grant the licence applied for.

Note     A refusal to grant a licence (including under s (5)) is a reviewable decision (see s 676).