Health and Safety at Work (Adventure Activities) Regulations 2016

7 Registration of adventure activity operator

(1)

If the Registrar of adventure activities receives a copy of a person’s safety audit certificate and the other information required by regulation 6(3)(b), the Registrar must promptly register the person as an adventure activity operator authorised to provide the adventure activities specified in the certificate, unless registration is declined under subclause (2) or (3).

(2)

The Registrar must decline to register the person if the Registrar is satisfied on reasonable grounds that—

(a)

the person provided false information or evidence to obtain the certificate; or

(b)

the person is not an adventure activity operator; or

(c)

the person is unfit to be registered because of the improper way in which the person previously provided adventure activities.

(3)

The Registrar may decline to register the person if the Registrar is satisfied on reasonable grounds that—

(a)

the person has not complied with a condition of the certificate or any prior certificate; or

(b)

the person’s previous failure to safely provide adventure activities, so far as is reasonably practicable, has endangered, or may have endangered, a person’s life; or

(c)

the person has previously, while the requirement in regulation 8(1)(a) applied, provided adventure activities that the person was not registered to provide.

(4)

Before declining a person’s registration, the Registrar must give the person a reasonable opportunity to make written submissions or be heard on the proposal to decline the registration.

(5)

If the Registrar declines a person’s registration, the Registrar must—

(a)

give the person written notice of the decision; and

(b)

refund to the safety auditor any fee paid for the registration.

(6)

The Registrar’s grounds for deciding on a matter under subclause (2) or (3) may be informed by—

(a)

the views of the safety auditor that issued the adventure activity operator’s current safety audit certificate; or

(b)

the views of an inspector resulting from the exercise of his or her functions under the Act.