Commonwealth Consolidated Regulations

WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 509

  (1)   The regulator, on application by the licence holder, may amend an asbestos removal 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 subregulation   (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 regulation.

  (4)   If the regulator makes the amendment applied for, the notice under paragraph   (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 paragraph   (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 regulation   676).