HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 43
HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 43
43 . Restraint of continuing contravention
(1) Where the State
Administrative Tribunal is satisfied on application made by the CEO that a
licensee is by any act committing, or permitting the commission of, a
continuing contravention of any term, condition or direction applicable to a
licence or exemption the Tribunal may —
(a) by
order restrain the continuance of that act; and
(b) make
a further order that —
(i)
the operation of the licence or exemption may be
suspended for a specified period; or
(ii)
the licence may be cancelled or the exemption revoked
with immediate effect,
by the CEO if the CEO
is satisfied that the restraint order has been contravened.
(2) The continued
existence of anything in a state, or the intermittent repetition of any act,
contrary to a term or condition of a licence or exemption or to any direction
may be deemed for the purposes of subsection (1) to constitute a continuing
contravention.
(3) Proceedings under
this section shall not prejudice any disciplinary action under this Act that
may be taken in relation to the same or a similar contravention.
[Section 43 amended: No. 55 of 2004 s. 536; No. 28
of 2006 s. 270(1).]