58Occupational discipline orders—licensees

58 Occupational discipline orders—licensees (1) This section applies if the ACAT may make an occupational discipline order in relation to a licensee. Note The ACT Civil and Administrative Tribunal Act 2008, s 65 sets out when the ACAT may make an order. (2) In addition to any other occupational discipline order the ACAT may make, the ACAT may, if the licensee is licensed in more than 1 occupation class— (a) cancel or suspend a single occupational class or each of the occupational classes; or

(b) direct the registrar to place a condition on or remove or amend a condition of a single occupational class or each of the occupational classes. (3) In addition to any other occupational discipline order the ACAT may make, the ACAT may require the licensee to pay to the Territory a stated amount of not more than— (a) if the licensee is an individual—$20 000; or (b) if the licensee is a corporation or a partnership—$100 000. (4) If the ACAT makes an order for payment under subsection (3) in relation to an occupational discipline order against a licensee the ACAT must not make an order for payment under the ACT Civil and Administrative Tribunal Act 2008, section 66 (2) (h) in relation to the same occupational discipline order for the licensee. 58AA Occupational discipline orders—directors or partners of (1) This section applies if the ACAT is considering an application for an occupational discipline order in relation to a licensee that is a corporation or partnership. (2) The ACAT may also make an occupational discipline order in relation to any of the following people, whether or not an application has been made in relation to the person: (a) if the licensee is a corporation—a director of the corporation; (b) if the licensee is a partnership— (i) a partner of the partnership; or

(ii) a director of a corporation that is a partner of the partnership. (3) The ACAT may only make an order under subsection (2) in relation to a person mentioned in subsection (2) if the person has been given— (a) notice of the application for an occupational discipline order in relation to the licensee; and (b) notice that the ACAT is considering making an order in relation to the person; and (c) the opportunity to make representations to the ACAT in relation to the proposed order. (4) Section 58 applies to a person mentioned in subsection (2) as if the person were a licensee.