Workplace Safety and Health Act · s 35

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35.
Cancellation of approval
(1) The Authority may suspend or cancel the approval of any person as an authorised person if —
(a) the Authority is satisfied that such person —
(i) had obtained or procured his approval by fraud or misrepresentation;
(ii) is in breach of any condition subject to which the approval was granted; or
(iii) is no longer a fit and proper person to act as a relevant authorised person; or
(b) the Authority considers that it is in the public interest to do so.
(2) The Authority shall, before suspending or cancelling the approval of any person as an authorised person under subsection (1) —
(a) give the affected person notice in writing of the intention of the Authority to do so;

Workplace Safety and Health
(b) specify a date, not less than 21 days after the date of the notice, upon which the suspension or cancellation shall take effect;
and
(c) call upon the affected person to show cause to the Authority why his approval as an authorised person should not be suspended or cancelled.
(3) If the person to whom a notice has been given under subsection (2) —
(a) fails to show cause within the period of time given to him to do so or such extended period of time as the Authority may allow; or
(b) fails to show sufficient cause, the Authority shall give notice in writing to that person of the date from which the suspension or cancellation of the approval shall take effect.
(4) A person whose approval as an authorised person has been suspended or cancelled may, within 14 days after the receipt of the notice referred to in subsection (3), appeal in writing against the suspension or cancellation to the Minister, whose decision is final.

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s 35Cancellation of approval

(1)

The Authority may suspend or cancel the approval of any person as an authorised person if —

(a)

the Authority is satisfied that such person —

(i)

had obtained or procured his approval by fraud or misrepresentation;

(ii)

is in breach of any condition subject to which the approval was granted; or

(iii)

is no longer a fit and proper person to act as a relevant authorised person; or

(b)

the Authority considers that it is in the public interest to do so.

(2)

The Authority shall, before suspending or cancelling the approval of any person as an authorised person under subsection (1) —

(a)

give the affected person notice in writing of the intention of the Authority to do so;

Workplace Safety and Health

(b)

specify a date, not less than 21 days after the date of the notice, upon which the suspension or cancellation shall take effect;

and

(c)

call upon the affected person to show cause to the Authority why his approval as an authorised person should not be suspended or cancelled.

(3)

If the person to whom a notice has been given under subsection (2) —

(a)

fails to show cause within the period of time given to him to do so or such extended period of time as the Authority may allow; or

(b)

fails to show sufficient cause, the Authority shall give notice in writing to that person of the date from which the suspension or cancellation of the approval shall take effect.

(4)

A person whose approval as an authorised person has been suspended or cancelled may, within 14 days after the receipt of the notice referred to in subsection (3), appeal in writing against the suspension or cancellation to the Minister, whose decision is final.