40ESC may require surrender of certificates if certificates improperly created

40 ESC may require surrender of certificates if certificates improperly created (1) The ESC may by order in writing require a person to surrender to the ESC, within a period specified in the order, the number of certificates specified in the order. (2) A person must comply with an order under this section. 1. 600 penalty units and an additional 1 penalty unit for each certificate that the person fails to surrender in accordance with the order. S. 40(3) substituted by No. 59/2011 s. 29(1). (3) An order may only be made against a person under this section if— (a) the ESC considers that— (i) the person created a certificate that does not comply with the requirements of this Act or the regulations; or (ii) the person failed to comply with the requirements of this Act or the regulations relating to the recording or carrying out of the prescribed activity to which a certificate relates; or (b) the ESC reasonably believes that a certificate has been created by the person in contravention of section 20; or (c) the person is found guilty of an offence against section 20(1), 20(3), 20(4), 20(5), 20(6) or 20(7). S. 40(4) amended by No. 59/2011 s. 29(2). (4) If an order is made against a person found guilty of an offence under section 20(1), 20(3), 20(4), 20(5), 20(6) or 20(7), the ESC must require the person to surrender the number of certificates that is equivalent to the number of certificates that were created by the person in contravention of section 20(1), 20(3), 20(4), 20(5), 20(6) or 20(7) and registered under this Act. S. 40(4A) inserted by No. 59/2011 s. 29(3), amended by No. 15/2025 s. 60(3). (4A) If an order is made against a person referred to in subsection (3)(a) or (b), the ESC must require the person to surrender the number of certificates that is equivalent to the number of certificates that the ESC reasonably believes have been registered under this Act and that— (a) were not created in compliance with the requirements of this Act or the regulations; or (b) were not created in compliance with the requirements of this Act or the regulations relating to the recording or carrying out of prescribed activities; or (c) were created in contravention of section 20. (5) A certificate surrendered under this section is not to be counted toward a person's compliance with section 27. (6) To avoid doubt, it is not an excuse for a failure to comply with an order under this section that the person who is the subject of the order is not, at the time the order is made, the registered owner of a sufficient number of certificates to comply with the order. S. 40A inserted by No. 59/2011 s. 30.