Australian Capital Territory Numbered Acts

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TRADE MEASUREMENT ACT 1991 (NO. 56 OF 1991) - SECT 55

Order preventing employment of certain persons

55. (1) The licensing authority may by order in writing direct that a specified person—

        (a)     is not to be employed to certify any measuring instrument or is not to be employed to certify a specified class or classes of measuring instruments, or is to be employed to do so only in compliance with specified conditions; or

        (b)     is not to be employed to perform duties relating to the operation of any public weighbridge or is not to be employed to perform duties relating to the operation of a specified class or classes of public weighbridges, or is to be employed to do so only in compliance with specified conditions.

(2) The licensing authority shall not make such an order unless satisfied that it is necessary or desirable because of the person's lack of competency, or lack of fitness in any other respect, to exercise the functions concerned.

(3) If the licensing authority makes an order under this section, it shall—

        (a)     serve a copy of the order, together with a statement of its reasons for making the order, on the person to whom it relates (if the person's whereabouts are known to the licensing authority); and

        (b)     serve a copy of the order on any licensee that the licensing authority knows is employing that person when the order is made.

(4) It is a condition of a licence that the licensee shall not employ a person in contravention of an order in force under this section.

(5) It is the responsibility of a licensee to make due inquiry of the licensing authority before employing a person to establish whether there is an order in force under this section in respect of the person.

Division 3—Disciplinary Action Against Licensees



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