Page:Workplace Safety and Health Act 2006.pdf/40

This page has been proofread, but needs to be validated.
40
NO. 7 OF 2006


(a) possesses the prescribed qualifications and prescribed practical experience; and
(b) is sufficiently competent and is, in all other respects, a fit and proper person, to be entrusted to carry out the work of the relevant authorised person.

(4) The Commissioner may at any time vary or revoke any of the existing conditions imposed under subsection (2) or impose new conditions.

(5) Upon the approval of a person as an authorised person, the Commissioner shall issue the applicant with a certificate of approval to act as a relevant authorised person for such period and subject to such terms and conditions as the Commissioner may specify therein.

Duration of approval

34.—(1) Subject to section 35, any approval of a person as an authorised person shall each be valid for such period as the Commissioner may determine.

(2) The Commissioner may, on application in writing and on payment of the prescribed fee, renew the approval of any authorised person.

Cancellation of approval

35.—(1) The Commissioner may suspend or cancel the approval of a person as an authorised person if—

(a) the Commissioner is satisfied that the person —
(i) had obtained or procured his approval by fraud or misrepresentation;
(ii) has breached any term or 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 Commissioner considers that it is in the public interest to do so.

(2) The Commissioner shall, before cancelling the approval of any person as an authorised person under subsection (1)—