76Suspension or revocation of recognised competency card endorsements

#### 76 Suspension or revocation of recognised competency card endorsements 76 Suspension or revocation of recognised competency card endorsements > > (1) The Authority may, on application by the Secretary or the Commissioner of Police, make one or more of the following orders the Authority considers appropriate in the circumstances— > > > > > (a) an order suspending— > > > > > > > (i) a recognised competency card and all its endorsements for a period not exceeding the unexpired term of the competency card or all its endorsements, or > > > > > > > (ii) a particular recognised competency card endorsement for a period not exceeding the unexpired term of the competency card or competency card endorsement, > > > > > (b) an order revoking a recognised competency card (and all of its endorsements), or a particular recognised competency card endorsement, > > > > > (c) an order declaring that a person is disqualified from holding a recognised competency card, or a particular recognised competency card endorsement, permanently or for the period specified in the order. > > > (2) The Authority may make an order under this clause in respect of a person if the Authority is satisfied the person— > > > > > (a) has contravened the person’s obligations under the Act or this regulation that, in the opinion of the Authority, relate to the responsible service of alcohol, including by permitting intoxication on licensed premises, or > > > > > (b) is not a fit and proper person to hold a competency card. > > > (2A) The Authority may also make an order under this clause in respect of a person if the Authority is satisfied the person has been charged with, or found guilty of, an offence— > > > > > (a) that is— > > > > > > > (i) a serious indictable offence involving violence committed on licensed premises or in the immediate vicinity of licensed premises, or > > > > > > > (ii) a prescribed sexual offence within the meaning of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209), or > > > > > > > (iii) an offence under the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), section 38A or 39, or > > > > > > > (iv) a serious indictable offence under the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), Part 4, 4AA, 4AB, 4AC or 6, or > > > > > > > (v) a serious indictable offence under the [Crimes (Domestic and Personal Violence) Act 2007](/view/html/inforce/current/act-2007-080), Part 3, and > > > > > (b) that, in the opinion of the Authority, creates, or may create, a significant risk of harm to another person associated with the person’s employment on licensed premises. > > > (2B) The Authority may also make an order under subclause (1)(b) or (c) in respect of a person if the Authority is satisfied the person has obtained a recognised competency card or recognised competency card endorsement fraudulently or by deception, including if another person completes, or partially completes, a training course for the person. > > > (3) An order made on the ground that a person has been charged with, or found guilty of, an offence is revoked if the charge is withdrawn or dismissed or the finding is overturned on appeal. > > > (4) The Authority may not make an order under this clause in respect of a person unless the person has been given notice of the application for the order and has been given a reasonable opportunity to make submissions to the Authority in relation to the application. > > > (4A) The Authority may suspend a recognised competency card, or a particular recognised competency card endorsement, of a person, if— > > > > > (a) the person is the subject of an application, and > > > > > (b) the Authority— > > > > > > > (i) has given notice to the person under subclause (4), and > > > > > > > (ii) considers the suspension necessary while the Authority decides the application. > > > (5) An order under this clause takes effect on the date specified by the Authority in the order. Notice of the making of the order is to be given to the person who is the subject of the order, but failure to give notice does not affect the operation of the order if a reasonable attempt has been made to notify the person. > > > (6) If the Authority makes an order under this clause in respect of a person, the person may apply to the Civil and Administrative Tribunal for an administrative review under the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) of the Authority’s decision. > > > (7) Section 53 of the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) does not apply in relation to the Authority’s decision to make an order under this clause. > > > (8) A person must not work in any capacity as an employee on any licensed premises in New South Wales during any period in which— > > > > > (a) the person’s recognised competency card (and all of its endorsements) is suspended by the Authority under this clause, or > > > > > (b) the person is disqualified under this clause from holding a recognised competency card. > > > > Maximum penalty—50 penalty units. > > > (9) If a person’s recognised competency card (and all of its endorsements), or a particular recognised competency card endorsement, is suspended or revoked under this clause, the person must surrender the recognised competency card to the Secretary if required to do so by the Authority. > > > > Maximum penalty—20 penalty units. > > > (10) Subclause (9) does not apply to a recognised competency card issued in electronic form. > > > (11) A person (the employer) does not commit an offence under clause 63(2)–(5), 64(2) or 65(2) in relation to a person whose recognised competency card or recognised competency card endorsement has been suspended or revoked by the Authority under this clause if— > > > > > (a) the person presents the employer a recognised competency card with a recognised competency card endorsement that appears to be current, and > > > > > (b) the employer is satisfied on reasonable grounds that the recognised competency card endorsement is current. > > **cll 61C–61ZG:** Ins 2019 (126), Sch 1 \[9\] (disallowed, Legislative Council, 26.9.2019). > > **cl 76:** Am 2018 (781), Sch 1 \[27\] \[28\]; 2023 No 53, Sch 3\[22\]–\[28\]; 2026 (8), Sch 1\[18\]–\[20\].