Victorian Repealed Regulations

This legislation has been repealed.

Occupational Health and Safety (Certification of Plant Users and Operators) Regulations 1994 - SECT 22

Authority may recommend the suspension or cancellation of interstate certificates

22. Authority may recommend the suspension or cancellation of interstate
certificates



(1) If the Authority believes that a ground of suspension or cancellation
listed in regulation 18(1) exists with respect to a certificate issued by a
statutory authority outside Victoria, the Authority may make a recommendation
to the issuing statutory authority that the certificate be wholly or partially
suspended or cancelled.

(2) The Authority must not make a recommendation under sub-regulation (1)
unless-



   (a)  the Authority has given the certificate holder a written notice-

   (i)  stating that the Authority believes that a ground for recommending the
        suspension or cancellation exists; and

   (ii) specifying the ground and outlining the facts and circumstances that
        form the basis of the Authority's belief that the ground exists; and

   (iii) inviting the certificate holder to be heard by the Authority and
        provide reasons, within a specified time of not less than 14 days, why
        the recommendation should not be made; and

   (b)  either-

   (i)  the certificate holder fails to provide, within the time specified in
        the notice, reasons why the recommendation should not be made; or

   (ii) after considering all material submitted to the Authority by, or on
        behalf of, the certificate holder, the Authority still believes that
        the recommendation should be made.

(3) If the Authority, after undertaking any processes referred to in
sub-regulation (2), decides to recommend to another statutory authority that a
certificate be suspended or cancelled, the Authority must give the certificate
holder a written notice advising him or her of the decision and setting out
the reasons for the decision.

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