sec.130Application to cancel exclusion

sec.130 Application to cancel exclusion

A person who holds an exclusion, other than a disqualified person, may apply to the chief executive to cancel the exclusion if— the application is made more than 5 years after— the exclusion was issued; and if the person has previously applied to cancel the exclusion under this section—the most recent previous application was decided; or a court decides an appeal, under section 138K , and sets aside a decision that information is investigative information about the person; or there has been a significant or exceptional change in the person’s circumstances since the exclusion was issued. a person’s conviction for an offence is quashed If the exclusion was issued because the person is a disqualified person, the person may apply to the chief executive to cancel the exclusion if the person is no longer a disqualified person. s 130 prev s 130 om 2014 No. 12 s 59 pres s 130 amd 2010 No. 5 s 142 sub 2020 No. 39 s 11 (sec.130-ssec.1) A person who holds an exclusion, other than a disqualified person, may apply to the chief executive to cancel the exclusion if— the application is made more than 5 years after— the exclusion was issued; and if the person has previously applied to cancel the exclusion under this section—the most recent previous application was decided; or a court decides an appeal, under section 138K , and sets aside a decision that information is investigative information about the person; or there has been a significant or exceptional change in the person’s circumstances since the exclusion was issued. a person’s conviction for an offence is quashed (sec.130-ssec.2) If the exclusion was issued because the person is a disqualified person, the person may apply to the chief executive to cancel the exclusion if the person is no longer a disqualified person.

• (a) the application is made more than 5 years after— (i) the exclusion was issued; and (ii) if the person has previously applied to cancel the exclusion under this section—the most recent previous application was decided; or
• (i) the exclusion was issued; and
• (ii) if the person has previously applied to cancel the exclusion under this section—the most recent previous application was decided; or
• (b) a court decides an appeal, under section 138K , and sets aside a decision that information is investigative information about the person; or
• (c) there has been a significant or exceptional change in the person’s circumstances since the exclusion was issued. Example of a significant or exceptional change in a person’s circumstances— a person’s conviction for an offence is quashed
• (i) the exclusion was issued; and
• (ii) if the person has previously applied to cancel the exclusion under this section—the most recent previous application was decided; or