Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) Where the Board is of the opinion that as a result of a complaint made under section 42(1) or 43(1) or as a result of its own investigation a person registered or formerly registered is required to show cause as to why he should not be dealt with under the provisions of this Part, but that the matter which gave rise to the complaint or investigation may not be sufficiently serious to warrant the holding of an inquiry, it may serve on that person a notice in writing requiring him to appear before it at a specified date, time, and place for the purpose of enabling him to give an explanation of the matter.
(2) The date specified in a notice referred to in subsection (1) shall not be less than 14 days after the date on which the relevant notice is served.
(3) After hearing an explanation of a matter to which a notice served under subsection (1) relates, the Board –
(a) if it is satisfied that he is guilty of the conduct to which the matter relates and that the matter referred to in subsection (1) is not sufficiently serious to warrant the holding of an inquiry, may caution him; or
(b) if it is not satisfied that he is guilty of such conduct, may dismiss the complaint.
(4) Where, in the course of hearing an explanation of a matter to which a notice served under subsection (1) applies, it becomes apparent to the Board that the matter is sufficiently serious to warrant the holding of an inquiry it may discontinue the hearing and proceed to hold an inquiry.
(5) Where a person fails to comply with a notice served on him in accordance with subsection (1), the Board may proceed to hold an inquiry.