Exercise of disciplinary powers

Heading: inserted, on 1 April 2010, by section 13 of the Electricity Amendment Act 2006 (2006 No 70).

147M Disciplinary powers of Board

(1)

If the Board, after conducting a hearing, is satisfied that a person to whom this Part applies is guilty of a disciplinary offence, the Board may—

(a)

do 1 or more of the following things:

(i)

order that the person’s registration or practising licence (or both) be cancelled:

(ii)

order that the person’s provisional licence be cancelled:

(iii)

order that the person may not apply to be re-registered or re-licensed before the expiry of a specified period:

(b)

order that the person’s registration or practising licence (or both), or the person’s provisional licence, be suspended—

(i)

for any period that the Board thinks fit; or

(ii)

until that person does 1 or more of the things specified in subsection (2):

(c)

order that the person’s registration or practising licence (or both), or the person’s provisional licence, be restricted for any period that the Board thinks fit, in either or both of the following ways:

(i)

by limiting the person to the work that the Board may specify:

(ii)

by limiting the person to doing, or assisting in doing, work in certain circumstances (for example, by limiting the person to work only on approved premises or only in the employ of an approved employer):

(d)

order that the person be disqualified from doing or assisting in doing prescribed electrical work that the person would otherwise be authorised to do in that person’s capacity as a person to whom this Part applies—

(i)

permanently, or for any period that the Board thinks fit; or

(ii)

until that person does 1 or more of the things specified in subsection (2):

(e)

order the person to do 1 or more of the things specified in subsection (2) within the period specified in the order:

(f)

order the person to pay a fine not exceeding $10,000:

(g)

order that the person be censured:

(h)

make no order under this subsection.

(2)

The things that the person can be required to do for the purposes of subsection (1)(b), (d), and (e) are to—

(a)

pass any specified examination:

(b)

complete any competence programme or specified period of training:

(c)

attend any specified course of instruction.

(3)

The Board may take only 1 type of action in subsection (1) in relation to a case, except that it may impose a fine under subsection (1)(f) in addition to taking the action under subsection (1)(b), (c), (e) or (g).

(4)

No fine may be imposed under subsection (1)(f) in relation to an act or omission that constitutes an—

(a)

offence for which the person has been convicted by a court; or

(b)

infringement offence for which the person has been issued with an infringement notice and has paid an infringement fee.

(5)

The Board must not exercise any authority conferred by this section in respect of any offence committed by any person before the date of that person’s registration or, as the case may be, the date on which that person’s provisional licence was issued if at that date the Board was aware of that person’s conviction for that offence.

(6)

If a person is registered under Part 10 in respect of more than 1 class of registration, the Board may exercise its powers under subsection (1)(a) to (e) in respect of each of those classes or 1 or more of those classes as the Board thinks fit.

Section 147M: inserted, on 1 April 2010, by section 13 of the Electricity Amendment Act 2006 (2006 No 70).