Electricity (Licensing) Regulations 1991

Instead of making an allegation to the State Administrative Tribunal under regulation 47, if the Director —

is satisfied that the matter may be disposed of satisfactorily without cancelling or suspending the licence of the person; and

has afforded to the person concerned the opportunity of giving an explanation to the Director either in person or in writing and has not been offered an explanation or is not satisfied by any explanation offered; and

has afforded to the person concerned the option of the matter proceeding before the Tribunal and that option has not been taken up,

by order impose any restriction or condition on the authority conferred by the licence held by that person or vary any restriction or condition to which the licence is already subject;

by order require that person to complete successfully a specified educational or training course of study;

by order require that person to undergo a specified theoretical or practical assessment, examination or trade test;

censure that person;

where an offence is disclosed — institute proceedings against that person in respect of that offence.

In subregulation (1)(a), (d), (g) and (h) —

if the person is a member of, or otherwise concerned in the management of, a firm that holds a licence — the firm; and

if the person is a director of, or otherwise concerned in the management of, a body corporate that holds a licence — the body corporate.

Before deciding whether a matter may be disposed of satisfactorily without cancelling or suspending the licence of the person, the Director may request the Board to give the Director advice on that matter and the Board is to comply with that request.

If a person chooses to give the Director an explanation referred to in subregulation (1)(b) in person, the explanation may be given that way by —

the person; or

a legal practitioner or other representative of the person.

An order under subregulation (1)(d), (e) or (f) has effect according to its tenor.

Where any restriction or condition on the authority conferred by a licence is imposed or varied under subregulation (1)(d), the Board may order the return of the licence document for endorsement and may endorse the licence document accordingly.

An order made by the Director under this regulation is to be reduced to writing signed by the Director and a copy of the order given to the person against whom it is made.