160Suspension or cancellation of licence

160 Suspension or cancellation of licence

160 Suspension or cancellation of licence

(1) The regulator may suspend or cancel a licence if satisfied the holder of the licence—

(a) is not eligible to hold the licence, or

(b) has contravened a condition of the licence, or

(c) has failed to comply with the requirements of an improvement notice or prohibition notice under the WHS laws, or

(d) has obtained the licence improperly, whether on the basis of false or misleading information or otherwise, or

(e) has been convicted of an offence under the WHS laws, a corresponding WHS law, the Explosives Act 2003, the Radiation Control Act 1990 or a former law of this State dealing with work health and safety.

(2) Before suspending or cancelling a licence, the regulator must—

(a) notify the holder of the licence, and

(b) give the holder of the licence a reasonable opportunity to make representations to the regulator, and

(c) consider the representations.

(3) The suspension or cancellation of a licence takes effect on—

(a) the date on which written notice of the suspension or cancellation is given to the holder of the licence, or

(b) a later date specified in the notice.

(4) The holder of a cancelled licence must destroy the licence within the period specified in the notice of cancellation.

Maximum penalty (subsection (4))—

(a) for an individual—12.5 penalty units, or

(b) for a body corporate—60 penalty units.