HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 40
HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 40
40 . Penalties
(1) The CEO may, in
relation to any disciplinary action in respect of which a determination has
been made under section 37, by order impose any one or more of the following
penalties —
(a) a
reprimand;
(b) the
imposition of a condition to which a licence or exemption is to be subject,
limiting the authority conferred by the licence or exemption;
(c) the
variation or cancellation of a term or condition to which a licence or
exemption is subject;
(d) a
requirement that a person to whom the licence applies or who is interested in
the licence or exemption enter into a written undertaking or a bond, or give a
prescribed security, for future conduct;
(e) a
requirement as to the conduct of the reproductive technology practice under
the licence or exemption, contravention of which may result in its mandatory
suspension;
(f) a
requirement that specified action be taken by the licence supervisor within a
specified period, contravention of which may result in mandatory suspension of
the licence or exemption,
and may make such
other ancillary order, including an order for the payment of costs not
exceeding the prescribed amount, as the CEO thinks fit.
(1a) If in a
proceeding commenced by a referral under section 36A or an allegation under
section 38(1), the State Administrative Tribunal is of the opinion that cause
exists for disciplinary action, the Tribunal may impose any one or more of the
following penalties —
(a) a
reprimand; or
(b) the
imposition of a condition to which a licence or exemption is to be subject,
limiting the authority conferred by the licence or exemption; or
(c) the
variation or cancellation of a term or condition to which a licence or
exemption is subject; or
(d) a
requirement that a person to whom the licence applies or who is interested in
the licence or exemption enter into a written undertaking or a bond, or give a
prescribed security, for future conduct; or
(e) a
requirement as to the conduct of the reproductive technology practice under
the licence or exemption, contravention of which may result in its mandatory
suspension; or
(f) a
requirement that specified action be taken by the person responsible within a
specified period, contravention of which may result in mandatory suspension of
the licence or exemption; or
(g) the
suspension of the operation of a licence or exemption —
(i)
until further order; or
(ii)
for a specified period;
or
(h) the
suspension of the operation of the licence or exemption for so long as a
person to whom subsection (2) applies is —
(i)
the holder of a position of authority in a body that
holds a licence; or
(ii)
directly or indirectly materially interested in a
reproductive technology practice carried on under a licence or exemption,
subject to subsection
(3); or
(i)
the cancellation of a licence, or the revocation of an
exemption; or
(j) the
disqualification, for such period as the Tribunal thinks fit, of a licensee
from holding a licence or exemption; or
(k) an
order that the person to whom the licence applies pay to the Crown a monetary
penalty not exceeding the prescribed amount.
(2) Where the CEO
finds that a proper cause for disciplinary action exists in relation to a
licence or an exemption held by a proprietary company, any penalty that by
subsection (1)(d) or (e) might have been imposed in relation to the licence or
exemption, whether or not a penalty is imposed on the licensee, may be imposed
on or in relation to any person who occupies a position of authority in that
company or any related body corporate, subject to subsection (3).
(2a) Where the State
Administrative Tribunal finds that a proper cause for disciplinary action
exists in relation to a licence or an exemption held by a proprietary company,
any penalty that by subsection (1a)(d), (e) or (j) might have been imposed in
relation to the licence or exemption, whether or not a penalty is imposed on
the licensee, may be imposed on or in relation to any person who occupies a
position of authority in that company or any related body corporate, subject
to subsection (3).
(3) The CEO and the
State Administrative Tribunal shall not impose a penalty under subsection
(1a)(i), (2) or (2a) where it is proved that the person concerned —
(a) did
not know of, and could not reasonably have been aware of or have prevented,
the matter upon which the ground of complaint was made out; or
(b) had
taken reasonable steps to prevent the occurrence of a matter of the kind to
which the complaint related.
[Section 40 amended: No. 17 of 2004 s. 28; No. 55
of 2004 s. 533 and 540; No. 28 of 2006 s. 270.]