Disciplinary action against former registered persons
13AA Disciplinary action against former registered persons
In this section —
former holder means a person who formerly held a registration;
interstate authority means a person in another State, the Australian Capital Territory or the Northern Territory who has functions that correspond or substantially correspond to the functions of the Director under this Act;
registration means a certificate of competency, permit or authorisation granted under regulations made under section 13A(3)(b).
The Director may apply to the State Administrative Tribunal for action to be taken by the Tribunal under this section against a former holder if the former holder —
obtains their registration by fraud or misrepresentation; or
is disqualified by an interstate authority from carrying out the practice of gasfitting; or
is found guilty of an offence under this Act; or
is found guilty of an offence committed in the course of carrying out the practice of gasfitting; or
engages in fraudulent conduct in connection with the practice of gasfitting; or
engages in misconduct by failing to safely carry out the practice of gasfitting.
For the purposes of investigating a former holder, section 13A(12) to (15) apply as if the definition of holder in section 13A(12) included the former holder.
If the State Administrative Tribunal, on dealing with an application under subsection (2), is satisfied that a matter referred to in that subsection has been made out, the Tribunal may by order disqualify the former holder from holding a registration —
permanently; or
for a period specified by the Tribunal in the order.
[Section 13AA inserted: No. 7 of 2022 s. 31.]
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