Subdiv 4Renewal of high risk work licence

Subdivision 4—Renewal of high risk work licence 100—Regulator may renew licence The regulator may renew a high risk work licence on application by the licence holder. 101—Application for renewal (1) An application for renewal of a high risk work licence must be made in the manner and form required by the regulator. (a) the name and residential address of the applicant; (b) if required by the regulator, a photograph of the applicant in the form required by the regulator; (c) any other evidence of the applicant's identity required by the regulator; (d) a declaration by the applicant that he or she has maintained his or her competency to carry out the high risk work, including by obtaining any reassessment directed under regulation 95. See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these regulations. (4) The application must be made before the expiry of the licence. 102—Licence continues in force until application is decided If a licence holder applies under regulation 100 for the renewal of a high risk work licence, the licence is taken to continue in force from the day it would, apart from this regulation, have expired until the licence holder is given notice of the decision on the application. 103—Renewal of expired licence (1) A person whose high risk work licence has expired may apply for a renewal of that licence— (a) within 12 months after the expiry of the licence; or (b) if the person satisfies the regulator that exceptional circumstances exist—within any longer period that the regulator allows. (2) An application under subregulation (1) must include a declaration that the information contained in the application is, to the best of the applicant's knowledge, true and correct. 1 As the licence has expired, the applicant cannot carry out the work covered by the licence until the licence is renewed. An application made after a period referred to in paragraph (a) or (b) would be an application for a new licence under regulation 87. 2 See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these regulations. 104—Provisions relating to renewal of licence (1) For the purposes of this Subdivision— (a) regulation 88 applies as if a reference in that regulation to an application for a licence were a reference to an application to renew a licence; and (b) regulations 89 (except subregulation (5)), 90, 91A and 92 apply as if a reference in those regulations to the grant of a licence were a reference to the renewal of a licence; and (c) regulation 91 applies as if a reference in that regulation to a refusal to grant a licence were a reference to a refusal to renew a licence. (2) The regulator may renew a high risk work licence granted to a person under a corresponding WHS law unless that licence is renewed under that law. A refusal to renew a high risk work licence is a reviewable decision (see regulation 676). 105—Status of licence during review (1) This regulation applies if the regulator gives a licence holder written notice of its decision to refuse to renew the licence. (2) If the licence holder does not apply for internal review of the decision, the licence continues to have effect until the last of the following events: (b) the end of the period for applying for an internal review. (3) If the licence holder applies for an internal review of the decision, the licence continues to have effect until the earlier of the following events: (4) If the licence holder does not apply for an external review, the licence continues to have effect until the end of the time for applying for an external review. (5) If the licence holder applies for an external review, the licence continues to have effect until the earlier of the following events: (a) the licence holder withdraws the application for review; or (6) The licence continues to have effect under this regulation even if its expiry date passes.