59Licence—imposition etc of conditions on work health and

59 Licence—imposition etc of conditions on work health and safety commissioner’s initiative (1) This section applies to a licensee if the work health and safety commissioner proposes, on the work health and safety commissioner’s own initiative, to amend the licence to impose a condition, or to amend or revoke a condition included in the licence by the work health and safety commissioner (the proposed action). (2) The work health and safety commissioner must give the licensee a written notice stating— (a) the proposed action; and (b) if the proposed action is to impose a condition—the proposed condition; and (c) if the proposed action is to amend a condition—the condition as proposed to be amended; and (d) an explanation for the proposed action; and (e) that the licensee may, within 14 days after the day the licensee receives the notice, give a written response to the work health and safety commissioner about the notice. (3) In deciding whether to take the proposed action, the work health and safety commissioner must consider any response given to the work health and safety commissioner in accordance with the notice. (4) The work health and safety commissioner must give the licensee written notice of the work health and safety commissioner’s decision. (5) If the work health and safety commissioner decides to take the proposed action, the work health and safety commissioner’s decision takes effect 14 days after the day when notice of the decision is given to the licensee or, if the notice states a later date of effect, that date.

(6) If the licence is amended, the work health and safety commissioner must, as soon as practicable after the licence has been returned to the work health and safety commissioner, amend the licence or give the licensee a replacement licence showing the amendment. Note The licensee must return the licence to the work health and safety commissioner for amendment (see s 64). (7) This section does not affect the taking of action under part 4.4 (Disciplinary action).