520Suspension or cancellation of licence

520 Suspension or cancellation of licence

(1)  The regulator may suspend or cancel an asbestos removal licence or asbestos assessor licence if satisfied about 1 or more of the following:

(a) the licence holder has failed to ensure that the work or other activities authorised by the licence are carried out safely and competently;

(b) the licence holder has failed to ensure compliance with a condition of the licence, including a condition requiring the licence holder, or a nominated supervisor of the licence holder, to undergo retraining or reassessment during the term of the licence;

(c) the licence holder, in the application for the grant or renewal of the licence or on request by the regulator for additional information –

(i) gave information that was false or misleading in a material particular; or

(ii) failed to give any material information that should have been given in that application or on that request;

(d) in relation to an asbestos removal licence, the licence was granted or renewed on the basis of a certification that was obtained on the basis of the giving of false or misleading information by any person or body;

(e) in relation to a Class A asbestos removal licence, the licence holder has failed to have a certified safety management system in place.

(2)  It is a ground for the suspension or cancellation of an asbestos removal licence if the licence holder does not have a qualified nominated asbestos removal supervisor.

| Note | | Regulation 507 provides for a licence holder to notify the regulator of any change in a nominated supervisor. |

(3)  For the purposes of subregulation (1)(b) , a licence holder complies with a condition on the licence that requires the licence holder or a nominated supervisor of the licence holder to undergo retraining or reassessment during the term of the licence if the licence holder provides a certification in relation to that retraining or reassessment.

(4)  If the regulator suspends or cancels a licence, the regulator may disqualify the licence holder from applying for –

(a) a further licence of the same type; or