34Disciplinary action

34 Disciplinary action

(1) There is proper cause for taking disciplinary action against a registered electrical contractor if the registered electrical contractor—

(a) has failed to comply with this Act or the regulations; or

(b) has obtained registration under this Division by fraud or misrepresentation or the concealment of facts; or

(c) has been convicted of any offence involving fraud, dishonesty, drug trafficking or violence that was punishable by imprisonment for 6 months or more; or

(d) has failed to hold the prescribed insurance; or

(e) has failed to comply with any condition of registration; or

(f) has been negligent or incompetent, or was a party to any negligence or incompetence, in connection with the carrying out of electrical installation work; or

(g) has engaged in fraudulent conduct in the carrying out of electrical installation work.

S. 34(2) amended by No. 39/2005 s. 48(Sch. 1 item 2).

(2) If, after an inquiry into the conduct of a registered electrical contractor and giving the electrical contractor the opportunity to be heard, Energy Safe Victoria is satisfied that proper cause exists for taking disciplinary action against a registered electrical contractor, Energy Safe Victoria may do one or more of the following—

S. 34(2)(a) repealed by No. 25/2008 s. 4.

(b) impose new conditions on, or vary the conditions of the registration, including a condition requiring the person to pass a specified examination or complete a specified period of training or attend a specified course of instruction;

(c) suspend the registration, immediately or with effect from a specified later date, for a period of up to 12 months;

(d) cancel the registration, immediately or with effect from a specified later date.