57Persons may be prohibited from carrying on business

57 Persons may be prohibited from carrying on business

57 Persons may be prohibited from carrying on business

(1) The Secretary may by written notice given to a person prohibit the person from carrying on a business that provides ART services.

(2) A prohibition may only be imposed under subsection (1) if the Secretary is satisfied that there are reasonable grounds to do so.

(3) Without limiting subsection (2), a prohibition may be imposed on a person under subsection (1), if the Secretary believes on reasonable grounds that—

(a) the person has contravened any one or more of the following Acts or the regulations made under those Acts—

(i) this Act,

(ii) the Human Cloning for Reproduction and Other Prohibited Practices Act 2003,

(iii) the Research Involving Human Embryos (New South Wales) Act 2003,

(iv) the Prohibition of Human Cloning for Reproduction Act 2002 of the Commonwealth,

(v) the Research Involving Human Embryos Act 2002 of the Commonwealth,

(vi) the Surrogacy Act 2010, or

(b) the person has been refused accreditation by the Reproductive Technology Accreditation Committee of the Fertility Society of Australia (or another prescribed body (as referred to in paragraph (b) of the definition of accredited ART centre in section 8 of the Research Involving Human Embryos Act 2002 of the Commonwealth) or has had any such accreditation suspended, cancelled or otherwise revoked.

(4) If a corporation or the trustee of a trust is the subject of a prohibition under this section, the Secretary may by written notice given to the person, prohibit any of the following persons from carrying on a business that provides ART services—

(a) each person who has a management role or substantial interest in the corporation or a substantial interest in the trust,