HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 36
HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 36
36 . Suspension or cancellation of licence or exemption, other than on disciplinary grounds
(1) The CEO, on
application made by the licensee, may suspend the operation of any licence or
exemption.
(2) The CEO may
suspend the operation of any licence or exemption, or cancel any licence or
revoke an exemption, by notice given to the licensee or delivered to any
premises to which the licence or exemption relates with effect from a date not
earlier than 3 months after service of that notice, where in the opinion of
the CEO the licensee has failed to carry on a reproductive technology
practice, or to carry out the procedures authorised by the licence or
exemption, in the manner required by the public interest, but a licensee
thereby affected may apply for a review of the decision under section 42.
(2a) The CEO may by
notice suspend the operation of any licence or exemption with immediate
effect, by reason of any requirement of public health, where in the opinion of
the CEO imminent risk of serious harm to a person may occur.
(2b) A notice under
subsection (2a) is to state that the CEO will refer the matter to the State
Administrative Tribunal within 14 days of giving the notice.
(2c) The CEO may, by
notice given to the person to whom the notice made under subsection (2a) was
given, revoke or vary a notice made under subsection (2a) at any time before
referring the matter to the State Administrative Tribunal under section 36A.
(3) Where a suspension
has been imposed with immediate effect pursuant to subsection (2a) and the
matter has been referred to the State Administrative Tribunal under
section 36A then, unless the Tribunal otherwise orders, which order may be
upon terms including terms as to undertakings by the CEO as to damages, such
suspension shall lapse or be rescinded at the expiration of 21 days from the
commencement of such referral.
[Section 36 amended: No. 55 of 2004 s. 528; No. 28
of 2006 s. 270(1).]