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](/view/html/inforce/current/act-2003-020), > > > > > > > (iii) the [Research Involving Human Embryos (New South Wales) Act 2003](/view/html/inforce/current/act-2003-021), > > > > > > > (iv) the [Prohibition of Human Cloning for Reproduction Act 2002](http://www.legislation.gov.au/) of the Commonwealth, > > > > > > > (v) the [Research Involving Human Embryos Act 2002](http://www.legislation.gov.au/) of the Commonwealth, > > > > > > > (vi) the [Surrogacy Act 2010](/view/html/inforce/current/act-2010-102), 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](http://www.legislation.gov.au/) 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, > > > > > (b) each corporation in which a person referred to in paragraph (a) has a management role or substantial interest (whether or not the corporation was in existence at the date of the prohibition), > > > > > (c) the trustee and any manager of a trust in which a person referred to in paragraph (a) has a substantial interest (whether or not the trust was in existence at the date of the prohibition). > > > (5) A prohibition under this section may be expressed to be— > > > > > (a) for a fixed period (in which case the prohibition remains in force only for that fixed period), or > > > > > (b) for an unlimited period subject to an entitlement to apply after a specified time for the lifting of the prohibition (in which case the prohibition remains in force until it is lifted). > > > (6) A prohibition under this section may be limited in its operation in either or both of the following ways— > > > > > (a) to specified premises, but only if the person concerned carries on a business that provides ART services at those premises, > > > > > (b) to premises within a specified area. > > > (7) If a prohibition under this section is subject to an entitlement to apply after a specified time for the prohibition to be lifted, such an application may be made to the Secretary after that time. > > > (8) If an application is made under subsection (7), the Secretary may, by written notice to the applicant, lift the prohibition or confirm the prohibition and set a further period after which an application for the prohibition to be lifted can be made under subsection (7). > > **s 57:** Am 2010 No 102, Sch 2.1 \[17\] \[18\].