Suspension or cancellation of certain appointments
18 Suspension or cancellation of certain appointments
The Minister may suspend, or cancel, a relevant appointment of a person at any time if the Minister believes on reasonable grounds that – the person is no longer a fit and proper person in respect of the scheme; or the prerequisites for the suspension, or cancellation, of the relevant agreement, under which the person is appointed, have been met; or the person has given false or misleading information in, or in connection with – an application, report or information provided under this Act or an equivalent Act; or an agreement entered into, or to be entered into, under this Act; or the person has contravened a provision of this Act or an equivalent Act; or the person has committed an offence, whether in this State or another jurisdiction, relating to fraud or dishonesty; or the prescribed circumstances have occurred in respect of one or more of the following:the person; the relevant appointment of the person; the agreement entered into as part of the relevant appointment of the person; or the relevant appointment has been suspended under this section and the person has not undertaken the steps specified under subsection (3)(c)(ii) in respect of the suspension.
In addition to subsection (1), the Minister may cancel the relevant appointment of a person at any time if the Minister believes, on reasonable grounds, that it is appropriate to do so.
If the Minister decides to suspend, or cancel, a relevant appointment of a person under this section, the Minister is to – notify the person, in writing, that the relevant appointment has been suspended, or cancelled, as the case may be; and specify, in the notification under paragraph (a) – the reasons for the suspension or cancellation; and in general terms, any information that the Minister took into account in making the decision to suspend or cancel the relevant appointment; and if the relevant appointment is suspended under this section, specify – the period of suspension of the relevant appointment; and the steps that the person must take for the suspension to be lifted, if any.
The cancellation or suspension of a relevant appointment of a person takes effect when the person is notified in accordance with subsection (3) in respect of the suspension or cancellation.
A relevant appointment that is suspended under this section is of no effect while it is so suspended.
This provision refers to the regulations (prescribed circumstances
). Made under this Act:
- Container Refund Scheme Regulations 2023
- Proclamation under the Container Refund Scheme Act 2022 (SR 2024 No. 37) · Statutory Rule · under section 2
- Proclamation under the Container Refund Scheme Act 2022 (SR 2025 No. 11) · Statutory Rule · under section 2
This Act’s bill:Explanatory notesSecond reading speech
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