172Medical examination for some authorities

172 Medical examination for some authorities (1) This section applies to the following persons: (a) an applicant for a Schedule 7 authorisation or pest management technician licence; (b) the holder of: (i) a Schedule 7 authorisation; or (ii) a pest management technician licence; (c) an employee of a person mentioned in paragraph (b). (2) The CHO may, by written notice given to the person, require the person, within the reasonable time stated in the notice, to: (a) undergo a medical examination; and (b) give the CHO the results of the examination. (3) The person must comply with the notice. (4) If the CHO is satisfied the results of the medical examination indicate the use or continued use of Schedule 7 substances or pesticides by the person is a threat to the person's health, the CHO may: (a) for a person mentioned in subsection (1)(a) – under section 134(4), refuse to issue the authority; or (b) for a person mentioned in subsection (1)(b)(i): (i) under Part 3.5, vary the conditions of the person's authority; or (ii) under Part 3.6, suspend for a stated period or cancel, the person's authority; or

Medicines, Poisons and Therapeutic Goods Act 2012 96 (c) for a person mentioned in subsection (1)(b)(ii): (i) under Part 3.3, refuse to renew the person's authority; or (ii) under Part 3.5, vary the conditions of the person's authority; or (iii) under Part 3.6, suspend for a stated period or cancel, the person's authority; or (d) for an employee mentioned in subsection (1)(c) – by written notice given to the employee's employer, order the employer to cease employing the employee in any capacity involving the handling of, or exposure to, the Schedule 7 substances or pesticides stated in the order. (5) The CHO must give the employer and employee an information notice for the decision to give the notice under subsection (4)(d). (6) The employer must comply with the notice. (7) An offence against subsection (3) or (6) is an offence of strict (8) It is a defence to a prosecution for an offence against subsection (3) or (6) if the defendant establishes a reasonable