Biodiscovery Act 2004
sec.21Procedure for amendment, suspension or cancellation
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sec.21 Procedure for amendment, suspension or cancellation
The chief executive may take action (the proposed action ) under section 20 (1) or (2) (a) , by giving the holder of the collection authority a written notice stating each of the following— the proposed action; the ground for the proposed action; an outline of the facts and circumstances forming the basis for the ground; if the proposed action is amendment of the authority—the proposed amendment; if the proposed action is suspension of the authority—the proposed suspension period; an invitation to make written submissions, within a stated period of at least 20 business days, about why the proposed action should not be taken. If, after considering any written submissions made within the stated period, the chief executive still considers the ground to take the proposed action exists, the chief executive may decide— if the proposed action was to amend the authority—to amend it in the way stated in the notice; or if the proposed action was to suspend the authority for a stated period—to suspend it for not longer than the proposed suspension period; or if the proposed action was to cancel the authority—either to cancel it or to suspend it for a period. The chief executive must inform the holder of the decision by written notice. If the chief executive decides to amend, suspend or cancel the authority, the notice must be a QCAT information notice about the decision. A decision to amend, suspend or cancel the authority takes effect on the later of— the day the QCAT information notice is given to the holder; or the day of effect stated in the QCAT information notice. The effect of an amendment does not depend on the amendment being noted on the authority. s 21 amd 2009 No. 24 s 351 ; 2020 No. 27 s 3 sch 1 (sec.21-ssec.1) The chief executive may take action (the proposed action ) under section 20 (1) or (2) (a) , by giving the holder of the collection authority a written notice stating each of the following— the proposed action; the ground for the proposed action; an outline of the facts and circumstances forming the basis for the ground; if the proposed action is amendment of the authority—the proposed amendment; if the proposed action is suspension of the authority—the proposed suspension period; an invitation to make written submissions, within a stated period of at least 20 business days, about why the proposed action should not be taken. (sec.21-ssec.2) If, after considering any written submissions made within the stated period, the chief executive still considers the ground to take the proposed action exists, the chief executive may decide— if the proposed action was to amend the authority—to amend it in the way stated in the notice; or if the proposed action was to suspend the authority for a stated period—to suspend it for not longer than the proposed suspension period; or if the proposed action was to cancel the authority—either to cancel it or to suspend it for a period. (sec.21-ssec.3) The chief executive must inform the holder of the decision by written notice. (sec.21-ssec.4) If the chief executive decides to amend, suspend or cancel the authority, the notice must be a QCAT information notice about the decision. (sec.21-ssec.5) A decision to amend, suspend or cancel the authority takes effect on the later of— the day the QCAT information notice is given to the holder; or the day of effect stated in the QCAT information notice. (sec.21-ssec.6) The effect of an amendment does not depend on the amendment being noted on the authority.