HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 37
HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 37
37 . Summary determinations
(1) If it appears to
the CEO that a licensee or a person to whom section 40(2) applies may, by
reason of a matter of a kind referred to in section 39, be liable to a penalty
and that a penalty appropriate to the case is provided by section 40(1)(a) to
(f), the CEO may, on making a summary determination to that effect, issue a
written warning or impose a penalty of that kind summarily.
(1a) The CEO shall
seek the advice of the Council before making a summary determination under
subsection (1).
(2) Notice of a
summary determination made under subsection (1) and of any warning or penalty
proposed to be so imposed shall be given in writing by the CEO —
(a) to
the person to be warned or liable to the penalty; or
(b) if
that is not practicable, by publication in the Gazette ,
setting out short
particulars of the reason and giving that person a reasonable opportunity,
within a period specified in that notice, to show cause to the CEO why effect
should not be given to that determination.
(3) If within the
period specified in the notice given under subsection (2), the person to be
warned or liable for the penalty summarily imposed —
(a)
consents to the summary determination; or
(b)
endeavours to show cause why effect should not be given to the summary
determination, but otherwise submits to the discretion of the CEO and does not
request that any matter alleged be brought before the State Administrative
Tribunal under section 38,
effect may, by notice
in writing to that person, be given to the summary determination and thereupon
the warning or penalty proposed, or such lesser penalty as the CEO may think
appropriate and specify instead in that notice, shall, as from the date
specified in that notice, be thereby imposed.
[Section 37 amended: No. 55 of 2004 s. 530; No. 28
of 2006 s. 268 and 270.]