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Work Health and Safety (National Uniform Legislation) Act 2011
138Application to revoke WHS entry permit
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138 Application to revoke WHS entry permit
(1) The following persons may apply to the regulator for a WHS entry
permit held by a person to be revoked:
(a) the relevant person conducting a business or undertaking;
(b) any other person in relation to whom the WHS entry permit
holder has exercised or purported to exercise a right under
this Part;
(c) any other person affected by the exercise or purported
exercise of a right under this Part by a WHS entry permit
holder.
Work Health and Safety (National Uniform Legislation) Act 2011 80
(2) The grounds for an application for revocation of a WHS entry permit
are:
(a) that the permit holder no longer satisfies the eligibility criteria
for a WHS entry permit or an entry permit under a
corresponding WHS law, or the Fair Work Act or the
Workplace Relations Act 1996 (Cth); or
(b) that the permit holder has contravened any condition of the
WHS entry permit; or
(c) that the permit holder has acted or purported to act in an
improper manner in the exercise of any right under this Act; or
(d) in exercising or purporting to exercise a right under this Part,
that the permit holder has intentionally hindered or obstructed
a person conducting the business or undertaking or workers at
a workplace.
(3) The applicant must give written notice of the application, setting out
the grounds for the application, to the person who holds the WHS
entry permit and the union concerned.
(4) The person who holds the WHS entry permit and the union that the
WHS entry permit holder represents are parties to the application.