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NATIONAL MEASUREMENT ACT 1960 - SECT 18QA Grounds for disciplinary action

NATIONAL MEASUREMENT ACT 1960 - SECT 18QA

Grounds for disciplinary action

  (1)   Each of the following constitutes grounds for disciplinary action against a servicing licensee or a public weighbridge licensee:

  (a)   the licensee has failed to comply with a provision of this Act, or with a condition of the licence;

  (b)   the licensee has been found guilty of an offence involving fraud or dishonesty;

  (c)   in the case of a servicing licensee--continuously, for a period prescribed by the regulations, neither the licensee nor any employee of the licensee is competent to perform the functions and duties of a verifier;

  (d)   in the case of a public weighbridge licensee--continuously, for a period prescribed by the regulations, neither:

  (i)   the licensee; nor

  (ii)   an employee of the licensee; nor

  (iii)   a person who contracts with the licensee to operate the weighbridge; nor

  (iv)   an employee of a person mentioned in subparagraph   ( iii);

    has the competencies appropriate to operate the public weighbridge;

  (e)   the activities to which the licence relates are being carried on in a dishonest or unfair manner;

  (f)   the Secretary would be required by sections   18NC or 18PC to refuse an application for a licence by the licensee (if the licensee were not already licensed);

  (g)   the licensee has been refused a licence under this Act or an earlier corresponding law;

  (h)   the licensee is the subject of disciplinary action under section   18QC or under the equivalent provision of an earlier corresponding law;

  (i)   the licensee is not, for any other reason, a fit and proper person to continue to hold a licence.

  (2)   A ground for disciplinary action under subsection   ( 1) exists in relation to a licensee that is a partnership if:

  (a)   in relation to the grounds mentioned in paragraphs   ( a), (b), (f), (g), (h) and (i)--the ground exists in relation to any one or more of the members of the partnership; and

  (b)   in relation to the grounds mentioned in paragraphs   ( c) and (d)--neither the partners nor anyone else mentioned in those paragraphs has the competencies mentioned in those paragraphs.

  (3)   A ground for disciplinary action under paragraph   ( 1)(i) exists in relation to a licensee that is a body corporate if it exists in relation to a person concerned in the management of the body corporate.