40AESC may give warning or impose condition

40A ESC may give warning or impose condition (1) This section applies if the ESC believes on reasonable grounds that an accredited person— S. 40A(1)(a) amended by No. 15/2025 s. 60(4)(a). (a) may have committed any offence against this Act; or S. 40A(1)(b) amended by No. 15/2025 s. 50. (b) has unintentionally— S. 40A(1)(b)(i) amended by No. 15/2025 s. 60(4)(b). (i) created certificates that do not comply with the requirements of this Act or the regulations; or S. 40A(1)(b)(ii) amended by No. 15/2025 s. 60(4)(b). (ii) failed to comply with the requirements of this Act or the regulations relating to the recording or carrying out of prescribed activities. (2) The ESC may do one or more of the following— (a) warn the accredited person; (b) reprimand the accredited person; (c) impose a condition or restriction on the accreditation of the accredited person. S. 40AB inserted by No. 15/2025 s. 20. 40AB ESC may issue improvement notice (1) The ESC may issue a relevant person with an improvement notice if the ESC believes on reasonable grounds that— (a) the person is contravening or has contravened a provision of this Act or the regulations in relation to— (i) the undertaking of a prescribed activity; or (ii) the undertaking of a regulated action; or (b) the person, in undertaking or purporting to undertake a prescribed activity under or in accordance with the VEET scheme, has provided an appliance, equipment or a service that has caused or is likely to cause harm to human health or safety or damage to property. (2) An improvement notice may require the person to whom it is issued— (a) to take any action that the ESC reasonably considers necessary to remedy the contravention or anything causing the contravention; or (b) to remedy the conduct that has caused or is likely to cause harm to human health or safety or damage to property. (3) An improvement notice must— (a) be in writing; and (b) specify the name and address of the person to whom it is issued; and (c) state the grounds on which the notice is issued; and (d) specify what the person must do to comply with the notice; and (e) specify the period within which the person must comply with the notice; and (f) set out the penalty for failure to comply with the notice. (4) On its own initiative or on request by a person to whom an improvement notice has been issued, the ESC, by further notice in writing to the person, may extend the period within which the person must comply with the improvement notice. (5) A person to whom an improvement notice is issued must comply with the notice. (6) In this section— ***relevant person*** means a person who— (a) is or was at any time an accredited person; or (b) is or was at any time a scheme participant; or (c) has at any time held themselves out to be an accredited person or a scheme participant or to be acting under or in accordance with the VEET scheme. S. 40AC inserted by No. 15/2025 s. 27. 40AC ESC may issue prohibition notice (1) The ESC may issue a relevant person with a prohibition notice if the ESC believes on reasonable grounds that— (a) the person— (i) is contravening or has contravened a provision of this Act or the regulations in relation to— (A) the undertaking of a prescribed activity; or (B) the undertaking of a regulated action; or (ii) has engaged in or proposes to engage in conduct that has caused or is likely to cause harm to human health or safety or damage to property; and (b) having regard to the nature of the contravention or the conduct, prohibiting the person from undertaking a prescribed activity or a regulated action is necessary to prevent harm to human health or safety or damage to property. (2) A prohibition notice may— (a) prohibit the person to whom it is issued from undertaking or purporting to undertake, on behalf of an accredited person or otherwise under or in accordance with the VEET scheme, any of the following— (i) a prescribed activity or any part of a prescribed activity; (ii) a regulated action; and (b) require the person to whom it is issued to take any action that the ESC reasonably considers necessary to prevent or minimise harm to human health or safety or damage to property. (3) A prohibition notice must— (a) be in writing; and (b) specify the name and address of the person to whom it is issued; and (c) state the grounds on which the notice is issued; and (d) specify— (i) what the notice prohibits the person from undertaking or purporting to undertake; and (ii) any action that the notice requires the person to take; and (e) specify the period for which the notice applies; and (f) set out the penalty for failure to comply with the notice; and (g) set out how the person may seek review of the decision to issue the notice. (4) A person to whom a prohibition notice is issued must comply with the notice. (5) An accredited person must not require or permit any other person to undertake, on the accredited person's behalf, a prescribed activity or any part of a prescribed activity or a regulated action if the accredited person knows, or reasonably ought to know, that the other person is prohibited from undertaking that prescribed activity or regulated action. (6) In this section— ***relevant person*** means a person who— (a) is or was at any time a scheme participant; or (b) has at any time held themselves out to be acting under or in accordance with the VEET scheme. S. 40AD inserted by No. 15/2025 s. 27. 40AD Application for revocation or variation of prohibition notice (1) A person may apply to the ESC— (a) to revoke a prohibition notice that applies to the person; or (b) to vary the period for which a prohibition notice applies to the person; or (c) to vary a requirement to take action specified in a prohibition notice that applies to the person. (2) An application under subsection (1)— (a) must be made in a form specified in the ESC guidelines; and (b) must set out the reason why the revocation or variation is sought; and (c) must include— (i) evidence of a relevant change in circumstances since the prohibition notice was issued; and (ii) evidence demonstrating that the applicant is a suitable person to undertake the prescribed activity or the regulated action specified in the prohibition notice; and (iii) any information specified in the ESC guidelines for the purposes of this subparagraph; and (d) may include— (i) evidence demonstrating that any harm or damage or likely harm or damage specified in the prohibition notice has been remedied or prevented; and (ii) any information relevant to the prohibition notice. (3) Within 28 days after receiving an application under subsection (1), the ESC must— (a) consider the application; and (b) by written notice to the applicant— (i) revoke the prohibition notice; or (ii) vary the period for which the prohibition notice applies; or (iii) vary the requirement to take action specified in the prohibition notice; or (iv) refuse to revoke or vary the prohibition notice. (4) In considering an application under subsection (1), the ESC must have regard to the following— (a) the information and evidence included in the application; (b) any conduct of the applicant that was considered by the ESC when it issued the prohibition notice; (c) any other matter that the ESC considers relevant. (5) A written notice revoking or varying a prohibition notice under subsection (3)(b) must specify the day on which the revocation or variation takes effect. S. 40AE inserted by No. 15/2025 s. 27. 40AE ESC may revoke or vary prohibition notice on its own initiative (1) The ESC, on its own initiative, may revoke a prohibition notice, vary the period for which a prohibition notice applies or vary a requirement to take action specified in a prohibition notice if the ESC receives or otherwise becomes aware of information that— (a) relates to the grounds on which the prohibition notice was issued; and (b) was not known to the ESC at the time the notice was issued. (2) Before revoking or varying a prohibition notice under subsection (1), the ESC must— (a) give the person to whom the prohibition notice was issued written notice— (i) advising that the ESC proposes to revoke or vary the prohibition notice; and (ii) stating that the person may make a written submission to the ESC regarding the proposal within 20 business days after receiving the notice; and (b) consider any submission received under paragraph (a)(ii). (3) The ESC must give the person to whom the prohibition notice was issued written notice of the ESC's decision on the proposed revocation or variation within 20 business days after— (a) if no submission is received from the person in accordance with subsection (2)(a)(ii), the day on which notice is provided under subsection (2); or (b) if a submission is received from the person in accordance with subsection (2)(a)(ii), the day on which the submission is received. Pt 6A (Heading and ss 40B–40D) inserted by No. 34/2022 s. 46.