Document ID: chunk:federal_register_of_legislation:C2008A00137:clause:1_18ps
Version: federal_register_of_legislation:C2008A00137
Segment Type: clause
Provision Reference: sch 1 cl 18PS
Character Range: 190773–192739

18PS  Order preventing employee of a public weighbridge contractor from operating public weighbridge

 (1) The Secretary may, by order in writing, direct that a specified person:
 (a) is not to be employed by a person who has contracted with a public weighbridge licensee to operate a public weighbridge (a contractor) to perform duties relating to the operation of any public weighbridge; or
 (b) is to be employed by a contractor to perform duties relating to the operation of any public weighbridge only in compliance with specified conditions.

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

 (3) If the Secretary makes an order under this section, the Secretary must:
 (a) serve a copy of the order on the person to whom it relates (if the person's whereabouts are known to the Secretary); and
 (b) serve a copy of the order on each contractor that the Secretary knows employs the person when the order is made; and
 (c) serve a copy of the order on each public weighbridge licensee who the Secretary knows has contracted with each such contractor to operate a public weighbridge.
The order comes into force on the last day on which it is served.

 (4) It is a condition of each public weighbridge licence of each of those public weighbridge licensees that the licensee must terminate a contract for the operation of a public weighbridge with any contractor who employs the person in contravention of an order in force under this section.

 (5) It is a condition of each contract for the operation of a public weighbridge entered into by a public weighbridge licensee, either before or after the public weighbridge licence is granted, that the licensee may terminate the contract if required to do so to comply with subsection (4).

Division 2—Offences in relation to public weighbridges