QLDIn ForceAct
Coal Mining Safety and Health Act 1999
sec.258Court may order suspension or cancellation of certificate or notice
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### sec.258 Court may order suspension or cancellation of certificate or notice
This section applies if a person convicted of an offence against this Act is the holder of a certificate of competency or site senior executive notice.
A Magistrates Court, on application by the complainant during the proceedings for the offence, may suspend or cancel the certificate of competency or site senior executive notice of the person convicted.
A person dissatisfied with the court’s decision to suspend or cancel the person’s certificate of competency or site senior executive notice who wants to appeal against the decision, must appeal to the District Court.
A Magistrates Court must give notice of a decision to suspend or cancel a person’s certificate of competency or site senior executive notice to—
the following persons, to the extent the persons are known to the court—
for a decision relating to a certificate of competency—the site senior executive for each coal mine at which the person works;
for a decision relating to a site senior executive notice—the coal mine operator for each coal mine at which the person works; and
the board of examiners.
s 258 amd 2000 No. 18 s 12 ; 2018 No. 28 s 41 ; 2024 No. 34 s 88
(sec.258-ssec.1) This section applies if a person convicted of an offence against this Act is the holder of a certificate of competency or site senior executive notice.
(sec.258-ssec.2) A Magistrates Court, on application by the complainant during the proceedings for the offence, may suspend or cancel the certificate of competency or site senior executive notice of the person convicted.
(sec.258-ssec.3) A person dissatisfied with the court’s decision to suspend or cancel the person’s certificate of competency or site senior executive notice who wants to appeal against the decision, must appeal to the District Court.
(sec.258-ssec.4) A Magistrates Court must give notice of a decision to suspend or cancel a person’s certificate of competency or site senior executive notice to— the following persons, to the extent the persons are known to the court— for a decision relating to a certificate of competency—the site senior executive for each coal mine at which the person works; for a decision relating to a site senior executive notice—the coal mine operator for each coal mine at which the person works; and the board of examiners.
- (a) the following persons, to the extent the persons are known to the court— (i) for a decision relating to a certificate of competency—the site senior executive for each coal mine at which the person works; (ii) for a decision relating to a site senior executive notice—the coal mine operator for each coal mine at which the person works; and
- (i) for a decision relating to a certificate of competency—the site senior executive for each coal mine at which the person works;
- (ii) for a decision relating to a site senior executive notice—the coal mine operator for each coal mine at which the person works; and
- (b) the board of examiners.
- (i) for a decision relating to a certificate of competency—the site senior executive for each coal mine at which the person works;
- (ii) for a decision relating to a site senior executive notice—the coal mine operator for each coal mine at which the person works; and