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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order may be upon terms including terms as to undertakings by the CEO as to damages, such suspension shall lapse or be rescinded at the expiration of 21 days from the commencement of such referral.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).]