sec.558Existing positive notice or positive exemption notice held by person convicted of new serious offence or new disqualifying offence

sec.558 Existing positive notice or positive exemption notice held by person convicted of new serious offence or new disqualifying offence

This section applies if— immediately before the commencement, a person held a current positive notice or current positive exemption notice; and before the commencement, the person was convicted of— a new serious offence; or a new disqualifying offence that is taken to be a serious offence under section 554A(2). Section 322 does not apply to the person in relation to the person’s conviction for the offence. The chief executive must— consider whether it is appropriate to cancel the person’s positive notice or positive exemption notice under this section because of the person’s conviction for the offence; and give the person, and each notifiable person for the person, a notice stating that, because of the enactment of the amending Act, the chief executive is considering under this section whether the person should continue to hold the person’s positive notice or positive exemption notice. The chief executive may cancel the person’s positive notice and substitute a negative notice if the chief executive is satisfied that, if the chief executive were to decide a new prescribed notice application about the person under the amended Act, the chief executive would issue a negative notice to the person. Section 237(2) to (6) applies to a decision under subsection (2). The chief executive may cancel the person’s positive exemption notice and substitute a negative exemption notice if the chief executive is satisfied that, if the chief executive were to decide a new exemption notice application about the person under the amended Act, the chief executive would issue a negative exemption notice to the person. Section 295(2) to (6) applies to a decision under subsection (4). If the chief executive decides not to cancel the person’s positive notice or positive exemption notice under this section, the chief executive must give the person, and each notifiable person for the person, a notice stating that the chief executive is satisfied, having considered the enactment of the amending Act, the person should continue to hold the person’s positive notice or positive exemption notice. s 558 ins 2019 No. 18 s 66 (sec.558-ssec.1) This section applies if— immediately before the commencement, a person held a current positive notice or current positive exemption notice; and before the commencement, the person was convicted of— a new serious offence; or a new disqualifying offence that is taken to be a serious offence under section 554A(2). (sec.558-ssec.1A) Section 322 does not apply to the person in relation to the person’s conviction for the offence. (sec.558-ssec.1B) The chief executive must— consider whether it is appropriate to cancel the person’s positive notice or positive exemption notice under this section because of the person’s conviction for the offence; and give the person, and each notifiable person for the person, a notice stating that, because of the enactment of the amending Act, the chief executive is considering under this section whether the person should continue to hold the person’s positive notice or positive exemption notice. (sec.558-ssec.2) The chief executive may cancel the person’s positive notice and substitute a negative notice if the chief executive is satisfied that, if the chief executive were to decide a new prescribed notice application about the person under the amended Act, the chief executive would issue a negative notice to the person. (sec.558-ssec.3) Section 237(2) to (6) applies to a decision under subsection (2). (sec.558-ssec.4) The chief executive may cancel the person’s positive exemption notice and substitute a negative exemption notice if the chief executive is satisfied that, if the chief executive were to decide a new exemption notice application about the person under the amended Act, the chief executive would issue a negative exemption notice to the person. (sec.558-ssec.5) Section 295(2) to (6) applies to a decision under subsection (4). (sec.558-ssec.6) If the chief executive decides not to cancel the person’s positive notice or positive exemption notice under this section, the chief executive must give the person, and each notifiable person for the person, a notice stating that the chief executive is satisfied, having considered the enactment of the amending Act, the person should continue to hold the person’s positive notice or positive exemption notice.