Variation, suspension and cancellation of registration of employer
54G Variation, suspension and cancellation of registration of employer
The Commission must, on declaring an employer to be a prohibited employer, cancel the employer's registration.
The Commission, on an application by a registered employer—
must cancel the employer's registration; and
may vary or revoke a condition of the employer's registration (not being a condition referred to in section 54F(3)(a)).
The Commission may, if satisfied that—
a registered employer has contravened a provision of this Act or a corresponding law; or
has failed to comply with a compliance notice; or
a registered employer has contravened a condition of the employer's registration; or
it otherwise is in the public interest, or the interest of apprentices or trainees employed by the employer, that the employer's registration be varied, suspended or cancelled (as the case requires), do such of the following as the Commission thinks fit:
vary or revoke a condition of the employer's registration;
impose a new condition on the employer's registration;
suspend the employer's registration for a specified period, or until further notice by the Commission;
cancel the employer's registration.
Subject to subsection (5), the Commission must give a registered employer at least 28 days written notice before taking action under this section.
The Commission may suspend the registration of an employer under this section without complying with subsection (4) if the Commission believes on reasonable grounds that—
an apprentice or trainee employed by the employer is at imminent risk of harm; and
it is reasonably necessary or appropriate to suspend the registration of an employer without complying with subsection (4) in order to manage that risk.
To avoid doubt, the Commission may exercise a power under this section whether the contravention occurred within or outside of this
State.
In this section—
corresponding law means a law of the
Commonwealth, or of another State or Territory, declared by the regulations to be a corresponding law for the purposes of this section.
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