FINES, PENALTIES AND INFRINGEMENT NOTICES ENFORCEMENT ACT 1994 - SECT 46H
FINES, PENALTIES AND INFRINGEMENT NOTICES ENFORCEMENT ACT 1994 - SECT 46H
46H . Cancellation of work and development permit
(1) The approved
sponsor for a WDP may apply in the approved form for the cancellation of the
WDP if the approved sponsor will be unable to continue to supervise the
performance of the activity (the required activity ) stated in the WDP.
(2) The offender may
apply in the approved form for the cancellation of a WDP if the offender
believes that the approved sponsor will be unable to continue to supervise the
performance of the required activity.
(3) On an application
under subsection (1) or (2), the Registrar must cancel the WDP.
(4) The Registrar may
cancel a WDP in force in relation to an offender on the Registrar’s own
initiative if the Registrar is satisfied that —
(a) the
offender has failed, without reasonable excuse, to undertake the required
activity; or
(b) the
offender is no longer eligible for the WDP under section 46B; or
(c) the
approved sponsor is unable to continue to supervise the required activity; or
(d) the
approved sponsor has contravened any requirement of this Subdivision or the
regulations; or
(e) the
approved sponsor’s approval has been revoked under section 46J(2); or
(f) any
statement or information in the application for the WDP is false or misleading
in a material particular; or
(g) any
information or evidence given to the Registrar in response to a notice under
section 46C(5) is false or misleading in a material particular; or
(h)
there is another good reason to cancel the WDP.
(5) The Registrar must
serve notice of the cancellation of a WDP under subsection (3) or (4) on the
approved sponsor and the offender.
[Section 46H inserted: No. 25 of 2020 s. 95.]