Page:Workplace Safety and Health Act 2006.pdf/41

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WORKPLACE SAFETY AND HEALTH
41


(a) give the affected person notice in writing of his intention to do so;
(b) specify a date, not less than 21 days after the date of the notice, upon which the cancellation shall take effect; and
(c) call upon the affected person to show cause to the Commissioner why his approval as an authorised person should not be 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 Commissioner may allow; or
(b) fails to show sufficient cause,

the Commissioner shall give notice in writing to that person of the date from which the cancellation of the approval shall take effect.

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

Surrender of certificate

36. A person whose approval as an authorised person has been cancelled by the Commissioner under section 35 shall, within 7 days of the date of the cancellation, surrender his certificate of approval issued under section 33(5).

False assumption of title

37. No person shall claim or imply that he is approved by the Commissioner as a relevant authorised person unless he is approved as such by the Commissioner under section 33.

Offence under this Part

38. Any person who contravenes section 32, 36 or 37 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.