sec.349Existing positive exemption notice held by person convicted of new serious offence or new disqualifying offence

sec.349 Existing positive exemption notice held by person convicted of new serious offence or new disqualifying offence

This section applies if— immediately before the commencement, a person held a current positive exemption notice; and before the commencement, the person was convicted of— a new serious offence; or a new disqualifying offence that is taken to be a serious offence under section 346A(2). Section 74 does not apply to the person in relation to the person’s conviction for the offence. The chief executive must— consider whether it is appropriate to cancel the person’s positive exemption notice under this section because of the person’s conviction for the offence; and give the person a notice stating that, because of the enactment of the amending Act, the chief executive is considering under this section whether the person should continue to hold the person’s positive exemption notice. If the person is engaged by a funded non-government service provider or an NDIS non-government service provider and is not a sole trader, the chief executive must give the service provider a notice mentioned in subsection (1B)(b). The chief executive may cancel the positive exemption notice and substitute a negative exemption notice if satisfied that, if the chief executive were to decide an exemption notice application about the person under the amended Act, the chief executive would issue a negative exemption notice to the person. See also section 64(2) for the currency of a positive exemption notice. Section 84(2), (3), (5) and (6) apply to the decision under subsection (2) as if a reference in section 84 to making a decision, or proposing to substitute a negative exemption notice, were a reference to making a decision, or proposing to substitute a negative exemption notice, under subsection (2). If the chief executive decides not to cancel the person’s positive exemption notice under this section, the chief executive must give the persons mentioned in subsection (5) a notice stating that the chief executive is satisfied, having considered the enactment of the amending Act, the person should continue to hold the person’s positive exemption notice. For subsection (4), the persons to whom the notice must be given are— the person; and each service provider given a notice under subsection (1B). s 349 ins 2019 No. 19 s 46 (sec.349-ssec.1) This section applies if— immediately before the commencement, a person held a current positive exemption notice; and before the commencement, the person was convicted of— a new serious offence; or a new disqualifying offence that is taken to be a serious offence under section 346A(2). (sec.349-ssec.1A) Section 74 does not apply to the person in relation to the person’s conviction for the offence. (sec.349-ssec.1B) The chief executive must— consider whether it is appropriate to cancel the person’s positive exemption notice under this section because of the person’s conviction for the offence; and give the person a notice stating that, because of the enactment of the amending Act, the chief executive is considering under this section whether the person should continue to hold the person’s positive exemption notice. (sec.349-ssec.1C) If the person is engaged by a funded non-government service provider or an NDIS non-government service provider and is not a sole trader, the chief executive must give the service provider a notice mentioned in subsection (1B)(b). (sec.349-ssec.2) The chief executive may cancel the positive exemption notice and substitute a negative exemption notice if satisfied that, if the chief executive were to decide an exemption notice application about the person under the amended Act, the chief executive would issue a negative exemption notice to the person. See also section 64(2) for the currency of a positive exemption notice. (sec.349-ssec.3) Section 84(2), (3), (5) and (6) apply to the decision under subsection (2) as if a reference in section 84 to making a decision, or proposing to substitute a negative exemption notice, were a reference to making a decision, or proposing to substitute a negative exemption notice, under subsection (2). (sec.349-ssec.4) If the chief executive decides not to cancel the person’s positive exemption notice under this section, the chief executive must give the persons mentioned in subsection (5) a notice stating that the chief executive is satisfied, having considered the enactment of the amending Act, the person should continue to hold the person’s positive exemption notice. (sec.349-ssec.5) For subsection (4), the persons to whom the notice must be given are— the person; and each service provider given a notice under subsection (1B).