69Immediate suspension of licence

69 Immediate suspension of licence (1) This section applies if the work health and safety commissioner has given, or is considering whether to give, a disciplinary notice to a licensee. (2) The work health and safety commissioner may give the licensee a written notice (an immediate suspension notice) suspending the licence or a particular handling authority under the licence. Note For the meaning of handling authority, see s 56 (1) (d). (3) However, the work health and safety commissioner may suspend the licence or handling authority under subsection (2) only if— (a) the work health and safety commissioner has taken into account the circumstances leading to the decision to give or consider giving the disciplinary notice and the grounds stated, or that may be stated, in the disciplinary notice; and (b) the work health and safety commissioner believes, on reasonable grounds, that it is in the public interest that the licence or handling authority be suspended as soon as practicable before a decision is made whether or not to take action against the licensee under section 68.

(4) If an immediate suspension notice is given to the licensee, the licensee’s licence, or the handling authority, is suspended when the notice is given to the licensee. Note For the return of the licence to the work health and safety commissioner, see s 64. (5) If the licensee is given an immediate suspension notice because the work health and safety commissioner is considering whether to give a disciplinary notice to the licensee, the work health and safety commissioner must, as soon as practicable, give a disciplinary notice to the licensee or tell the licensee in writing that a disciplinary notice will not be given to the licensee. (6) An immediate suspension notice ends— (a) if the licence is cancelled or suspended under section 68 (3)— when the cancellation or suspension takes effect; or (b) if a condition is imposed on the licence to which the notice relates, or a condition of the licence is amended—when the condition or amended condition takes effect; or (c) in any other case—when the person is given written notice under section 68 (5) of the decision made on the disciplinary notice or the work health and safety commissioner tells the licensee that a disciplinary notice will not be given to the licensee.