New South Wales Consolidated Acts

ANIMAL RESEARCH ACT 1985 - SECT 44

44 Determination of complaints

(1) After considering a report furnished in respect of a complaint, the Director-General shall determine the complaint:

(a) by cancelling the licence the subject of the complaint,

(b) by suspending the licence the subject of the complaint for such period as the Director-General thinks fit,

(c) by cautioning or reprimanding the holder of the licence the subject of the complaint, or

(d) by dismissing the complaint.

(2) The Director-General shall not cancel or suspend a licence unless:

(a) notice has been served on the holder of the licence:

(i) of the Director-General’s intention to cancel or suspend the licence, and

(ii) of the reasons for which the Director-General intends to cancel or suspend the licence,

(b) the holder of the licence has had a reasonable opportunity to make submissions to the Director-General in relation to the intended cancellation or suspension of the licence, and

(c) the Director-General has considered any such submission.

(3) As soon as practicable after determining a complaint, the Director-General shall cause written notice of the determination to be served on:

(a) the holder of the licence the subject of the complaint, and

(b) the complainant.

(4) The cancellation or suspension of a licence takes effect:

(a) except as provided by paragraph (b)-at the expiration of 14 days after written notice of the cancellation or suspension is served on the holder of the licence, or

(b) where an appeal is made before the expiration of the period referred to in paragraph (a)-when the appeal is withdrawn or otherwise finally disposed of.