Australian Capital Territory Current Regulations

WORK HEALTH AND SAFETY REGULATION 2011 - REG 513

    (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.

Note     Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see  s 6A).

    (2)     If a licence document is lost, stolen or destroyed, the licence-holder may apply to the regulator for a replacement document.

Note 1     A fee may be determined under the Act, s 278 for this provision.

Note 2     If a form is approved under the 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

, pt 3.4).

Note 4     A licence-holder is required to keep the licence document available for inspection (see s 505).

    (3)     The application must include a declaration describing the circumstances in which the original document was lost, stolen or destroyed.

    (4)     The regulator must issue a replacement licence document if satisfied that the original document was lost, stolen or destroyed.

    (5)     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 s 676).