39Suspension or revocation of recognised competency card

#### 39 Suspension or revocation of recognised competency card 39 Suspension or revocation of recognised competency card > > (1) The NICC may, on application by the Secretary or the Commissioner of Police, make any of the following orders— > > > > > (a) an order suspending, for the period specified by the NICC, a recognised competency card (and all of its endorsements), or a particular recognised competency card endorsement, > > > > > (b) an order revoking a recognised competency card (and all of its endorsements), or a particular recognised competency card endorsement, > > > > > (c) an order declaring that a person is disqualified from holding a recognised competency card, or a particular recognised competency card endorsement, for such period (not exceeding 12 months) as is specified in the order. > > > (2) The NICC may only make an order under this clause in respect of a recognised competency card (and all of its endorsements), or a particular recognised competency card endorsement, held by a person if the NICC is satisfied that the person has— > > > > > (a) contravened any of the person’s obligations under this Regulation or under the [Liquor Act 2007](/view/html/inforce/current/act-2007-090) or the regulations under that Act that, in the opinion of the NICC, relate to the responsible service of alcohol (including, without limitation, permitting intoxication on licensed premises), or > > > > > (b) been charged with, or found guilty of, a serious indictable offence involving violence that was committed on licensed premises or in the immediate vicinity of licensed premises on a patron of the premises or a person attempting to enter the premises, or > > > > > (c) obtained a recognised competency card or recognised competency card endorsement fraudulently or by deception (including by allowing or arranging for another person to complete or partially complete a training course), in which case the NICC may only make an order under subclause (1)(b) or (c). > > > (3) An order made on the ground that a person has been charged with, or found guilty of, a serious indictable offence is revoked if the charge is withdrawn or dismissed or the finding is overturned on appeal. > > > (4) The NICC may not make an order under this clause in respect of a person unless the person has been given notice of the application for the order and has been given a reasonable opportunity to make submissions to the NICC in relation to the application. > > > (5) An order under this clause takes effect on the date specified by the NICC in the order. > > > (6) Notice of the making of the order is to be given to the person who is the subject of the order, but failure to give notice does not affect the operation of the order if a reasonable attempt has been made to notify the person. > > > (7) If the NICC makes an order under this clause in respect of a person, the person may apply to the Civil and Administrative Tribunal for an administrative review under the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) of the NICC’s decision. > > > (8) Section 53 of the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) does not apply in relation to the NICC’s decision to make an order under this clause. > > > (9) A person must not work in any capacity as an employee on any licensed premises in New South Wales during any period in which— > > > > > (a) the person’s recognised competency card is suspended by the NICC under this clause, or > > > > > (b) the person is disqualified under this clause from holding a recognised competency card. > > > > Maximum penalty—50 penalty units. > > > (10) If a person’s recognised competency card (and all of its endorsements), or a particular recognised competency card endorsement, is suspended or revoked under this clause, the person must surrender the recognised competency card to the Secretary if required to do so by the NICC. > > > > Maximum penalty—20 penalty units. > > > (11) Subclause (10) does not apply to a recognised competency card in electronic form. > > > (12) A person (the employer) does not commit an offence under clause 34 or 36(1) in relation to a person whose recognised competency card has been suspended or revoked by the NICC under this clause if— > > > > > (a) the person presents the employer with a recognised competency card that appears to be current, and > > > > > (b) the employer is satisfied on reasonable grounds that the card is current. > > **cl 39:** Am 2022 (782), Sch 1\[1\].