39Responsible workers – new nominations

39 Responsible workers – new nominations

(1)  The holder of an SSDS permit may from time to time nominate new persons as responsible workers for the permit.

(2)  However, the person does not become a responsible worker for the SSDS permit until the nomination is approved.

(3)  The nomination is to be in an approved form and must –

(a) be accompanied by the prescribed fee, if any; and

(b) specify the nominee's name, age and address; and

(c) specify the authorised restricted activity that the nominee will be required to carry out or supervise; and

(d) specify when the permit holder would like the nominee to be able to begin carrying out or supervising the restricted activity.

(4)  [Section 39 Subsection (4) amended by No. 2 of 2012, s. 80, Applied:01 Jan 2013] The nomination must also satisfy the regulator that the nominee knows and accepts that, by being nominated as a responsible worker for the SSDS permit, he or she is liable to be subjected to a background check.

(5)  [Section 39 Subsection (5) amended by No. 2 of 2012, s. 80, Applied:01 Jan 2013] The regulator is to consider the nomination and, in so doing, may –

(a) [Section 39 Subsection (5) amended by No. 2 of 2012, s. 80, Applied:01 Jan 2013] carry out such inquiries, consult such persons and take into account such matters as the regulator considers necessary or expedient in the circumstances; and

(b) require the nominator or nominee to provide any further information.

(6)  [Section 39 Subsection (6) amended by No. 2 of 2012, s. 80, Applied:01 Jan 2013] After considering the nomination, the regulator may –

(a) approve the nomination; or

(b) refuse the nomination.