WORKPLACE RELATIONS ACT 1996 - SECT 744 Revocation, suspension etc. by Registrar

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 744

             (1)  A workplace inspector, or a person prescribed by the regulations, may apply to a Registrar to take action under this section against a permit holder. The application must be made in accordance with the regulations.

             (2)  On application made under subsection (1), the Registrar may do any of the following in relation to one or more permits held by the permit holder:

                     (a)  revoke the permit (whether or not the permit is already suspended);

                     (b)  suspend the permit for a specified period;

                     (c)  impose conditions on the permit (whether or not the permit is already suspended).

             (3)  In exercising powers under subsection (2), the Registrar must have regard to the matters specified in subsection 742(2).

Registrar must revoke or suspend in certain circumstances

             (4)  If the Registrar is satisfied that any of the things mentioned in subsection (5) has happened since the first of the permits was issued, then the Registrar must take the following action in relation to each permit held by the permit holder:

                     (a)  if the permit expires before the end of the minimum disqualification period--the Registrar must revoke the permit;

                     (b)  if the permit does not expire before the end of the minimum disqualification period--the Registrar must either:

                              (i)  revoke the permit; or

                             (ii)  suspend the permit for a period that does not end earlier than the end of the minimum disqualification period.

The Registrar must also specify a disqualification period for the purposes of section 742. The disqualification period cannot be shorter than the minimum disqualification period.

             (5)  The things are:

                     (a)  the permit holder was found, in proceedings under this Act, to have contravened section 768; or

                     (b)  the permit holder, or another person, was ordered to pay a penalty under this Act in respect of a contravention of this Part by the permit holder; or

                     (c)  a court, or other person or body, under a State or Territory industrial law, cancelled or suspended a right of entry for industrial purposes that the permit holder had under that law; or

                     (d)  a court, or other person or body, under a State or Territory industrial law, disqualified the permit holder from exercising, or applying for, a right of entry for industrial purposes under that law; or

                     (e)  the holder has, in exercising a right of entry under an OHS law, engaged in conduct that was not authorised by that law.

             (6)  The Commission may make an order quashing or varying the revocation or suspension of a permit if:

                     (a)  the permit was revoked or suspended on grounds set out in paragraph (5)(b) or (e); and

                     (b)  the Commission is satisfied, on application by the permit holder, that the revocation or suspension was harsh or unreasonable in the circumstances.

Definition

             (7)  In this section:

"minimum disqualification period" , in relation to action by a Registrar under subsection (4) (the current action ), means:

                     (a)  if a Registrar has never previously taken action against the permit holder under that subsection--the period of 3 months starting when the current action is taken; or

                     (b)  if a Registrar has previously taken action against the permit holder under that subsection on only one occasion--the period of 12 months starting when the current action is taken; or

                     (c)  if a Registrar has previously taken action against the permit holder under that subsection on at least 2 occasions--the period of 5 years starting when the current action is taken.