Disciplinary action, proper causes for
46 Disciplinary action, proper causes for
There is proper cause for disciplinary action in respect of a person who is the holder of a licence if the person —
is not a fit and proper person to be the holder of a licence issued under this Part; or
obtained the licence or enabled the licence to be obtained by misrepresentation as to any material fact or by other fraudulent means; or
has carried out or caused or permitted to be carried out any electrical work in a manner that —
endangers, or is likely to endanger, any person or property; or
is negligent or incompetent;
or
has, personally or through a person authorised by him or her, signed a notice of completion of electrical work in respect of electrical work that has not been carried out by him or her or on his or her behalf; or
has committed an offence against the Act or these regulations or other regulations made under the Act, or against the Energy Operators (Powers) Act 1979 or the Energy Coordination Act 1994 or regulations made under those Acts.
In subregulation (1) —
holder of a licence includes —
a natural person who is a member of a firm, or who is otherwise concerned in the management of a firm, that holds a licence; and
a natural person who is a director of a body corporate, or who is otherwise concerned in the management of a body corporate, that holds a licence.
Without limiting subregulation (1)(c)(i), there is proper cause for disciplinary action in respect of a person if the person has failed to comply with the requirements, to the extent relevant, of regulation 49, 49B or 50.
[Regulation 46 inserted: Gazette 30 Dec 2004 p. 6994; amended: Gazette 31 Dec 2007 p. 6516.]
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