Notice of decision about declaration after show cause notice
42 Notice of decision about declaration after show cause notice
(1) After the date specified for making a submission in the show cause notice, the CEO must:
(a) if the employer has made a submission – consider that submission; and
in any event – decide:
to make the declaration as proposed in the show cause notice; or
not to make the declaration; or
(iii) to make a declaration that is different from the one proposed in the notice.
(2) If the CEO decides not to declare the employer to be a prohibited employer, the CEO must immediately give the employer written notice of the decision.
(3) If the CEO decides to declare the employer to be a prohibited employer, the CEO must immediately give the employer written notice of the decision, including the reasons for the decision.
The notice under subsection (3) must also state:
(a) when the declaration takes effect (which must not be earlier than the date of the notice); and
(b) that the employer may apply for the revocation of the declaration; and
how the employer may apply for that revocation.
This Act’s bill:Explanatory statementSecond reading speech
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