Western Australian Current Regulations Western Australian Current Regulations (1) The regulator may
suspend or cancel a person’s statutory certificate if satisfied that the
person —
(a) is
not eligible to hold the certificate; or
(b) has
contravened a condition of the certificate; or
(c)
improperly obtained the certificate, whether on the basis of false or
misleading information or otherwise; or
(d) has
been convicted of an offence against —
(i)
mining safety legislation; or
(ii)
a corresponding WHS law.
Note for this subregulation:
A decision to suspend
or cancel a person’s statutory certificate under this subregulation is a
reviewable decision (see regulation 676).
(2) Before suspending
or cancelling a person’s statutory certificate, the regulator
must —
(a) give
the person a written notice stating that —
(i)
the regulator is considering suspending or cancelling the
certificate; and
(ii)
the person may make submissions, in the manner approved
by the regulator and stated in the notice, to the regulator in the period
ending 30 days after the day on which the person receives the notice;
and
(b) have
regard to any submissions made in accordance with the notice.
(3) If the regulator
suspends or cancels a person’s statutory certificate, the regulator must
give the person a written notice stating —
(a) that
the person’s statutory certificate is suspended or cancelled; and
(b) if
the certificate is suspended —
(i)
the day on which the suspension takes effect, which must
not be earlier than the day on which the person receives the notice; and
(ii)
the day on which the suspension ends, which must not be
later than 3 months after the day on which the suspension takes effect;
and
(c) if
the certificate is cancelled — the day on which the cancellation
takes effect, which must not be earlier than the day on which the person
receives the notice; and
(d) the
reasons the certificate is suspended or cancelled; and
(e) that
the person may apply for a review of the decision to suspend or cancel the
certificate.