Australian Capital Territory Consolidated Acts

PUBLIC HEALTH ACT 1997 - SECT 56P

    (1)     The grounds for the suspension or cancellation under this section (the notified suspension or cancellation) of a registration are as follows:

        (a)     the obtaining of the registration by fraud or misrepresentation;

        (b)     the contravention of this Act or a corresponding public health risk law by the registered person or any defined influential person in relation to the registered person.

    (2)     This section applies if the Minister believes on reasonable grounds that—

        (a)     there is a ground for notified suspension or cancellation of a registration; and

        (b)     it is desirable in the interests of public health to suspend or cancel the registration (the proposed action).

    (3)     The Minister must give written notice to the registered person that—

        (a)     states the proposed action, including any proposed suspension period; and

        (b)     states the ground for the proposed action; and

        (c)     states the facts and circumstances that, in the Minister's opinion, constitute the ground; and

        (d)     invites the person to make written representations, within a stated period of at least 28 days after the person is given the notice, why the proposed action should not be taken.

    (4)     If, after considering any written representations made by the registered person within the stated period, the Minister is satisfied on reasonable grounds that a ground exists for notified suspension or cancellation of the registration, the Minister may—

        (a)     if the proposed action was to cancel the registration—either cancel the registration or suspend the registration for not longer than 1 year; or

        (b)     if the proposed action was to suspend the registration for a stated period—suspend the registration for not longer than the stated period.

    (5)     The Minister must tell the registered person in writing of the decision.

    (6)     If the Minister decides to cancel or suspend the registration, the Minister must also tell the person in writing when the cancellation or suspension takes effect.

    (7)     The cancellation or suspension must not take effect earlier than the day when the registered person is told about the decision.