41Disciplinary action

41 Disciplinary action

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

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

(b) has obtained a licence 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 comply with any condition or restriction on the licence; or

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

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

S. 41(2) amended by No. 39/2005 s. 48(Sch. 1 item 2).

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

S. 41(2)(a) repealed by No. 25/2008 s. 4.

(b) impose new conditions or restrictions on, or vary the conditions or restrictions on the licence, 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 licence for a period of up to 12 months;

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