§ 213 — Regulatory action concerning certified pesticide operator

213.—(1) Subject to Division 4 of Part 14, if the Agency is satisfied that —(a)

a certified pesticide operator is convicted of a relevant offence committed during the term of his or her appointment;

(b)

a certified pesticide operator is contravening or not complying with, or has contravened or failed to comply with —(i)

any of the conditions of his or her appointment;

(ii)

any provision of this Act applicable to the certified pesticide operator so far as that relates to the carrying out of prescribed pesticide work, the contravention of or non‑compliance with which is not an offence under this Act;

(iii)

any provision of a code of practice applicable to the certified pesticide operator so far as that relates to the carrying out of prescribed pesticide work; or

(iv)

any direction given to the certified pesticide operator under subsection (2)(b);

(c)

a certified pesticide operator is carrying out, or causing or permitting to be carried out, any prescribed pesticide work in a careless, incompetent or unsafe manner; or

(d)

the appointment of a certified pesticide operator had been obtained by fraud or misrepresentation,

the Agency may cancel (without any compensation) the appointment of the certified pesticide operator.

(2) However, the Agency may, in lieu of cancelling under subsection (1) the appointment of a certified pesticide operator, do (without any compensation) one or more of the following:(a)

censure the certified pesticide operator in writing;

(b)

direct the certified pesticide operator to do, or to refrain from doing, any thing that is specified in a direction, which may include any of the following:(i)

completing any course, training, assessment, examination or test on prescribed pesticide work as the Agency may require;

(ii)

rectifying any contravention or non‑compliance mentioned in subsection (1)(b);

(c)

suspend the appointment for not more than 6 months;

(d)

modify any condition of the appointment.

(3) In this section, “relevant offence” means any of the following:(a)

an offence under section 214, 215, 217, 219 or 220;

(b)

an offence under section 256 or 257 in relation to any prescribed pesticide work.

—(1) Subject to Division 4 of Part 14, if the Agency is satisfied that —(a)

a certified pesticide operator is convicted of a relevant offence committed during the term of his or her appointment;

(b)

a certified pesticide operator is contravening or not complying with, or has contravened or failed to comply with —(i)

any of the conditions of his or her appointment;

(ii)

any provision of this Act applicable to the certified pesticide operator so far as that relates to the carrying out of prescribed pesticide work, the contravention of or non‑compliance with which is not an offence under this Act;

(iii)

any provision of a code of practice applicable to the certified pesticide operator so far as that relates to the carrying out of prescribed pesticide work; or

(iv)

any direction given to the certified pesticide operator under subsection (2)(b);

(c)

a certified pesticide operator is carrying out, or causing or permitting to be carried out, any prescribed pesticide work in a careless, incompetent or unsafe manner; or

(d)

the appointment of a certified pesticide operator had been obtained by fraud or misrepresentation,

the Agency may cancel (without any compensation) the appointment of the certified pesticide operator.

(2) However, the Agency may, in lieu of cancelling under subsection (1) the appointment of a certified pesticide operator, do (without any compensation) one or more of the following:(a)

censure the certified pesticide operator in writing;

(b)

direct the certified pesticide operator to do, or to refrain from doing, any thing that is specified in a direction, which may include any of the following:(i)

completing any course, training, assessment, examination or test on prescribed pesticide work as the Agency may require;

(ii)

rectifying any contravention or non‑compliance mentioned in subsection (1)(b);

(c)

suspend the appointment for not more than 6 months;

(d)

modify any condition of the appointment.

(3) In this section, “relevant offence” means any of the following:(a)

an offence under section 214, 215, 217, 219 or 220;

(b)

an offence under section 256 or 257 in relation to any prescribed pesticide work.