Biosecurity Act 2019
123Permit holder may make submissions about suspension
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123 Permit holder may make submissions about suspension
(1) Before suspending an individual permit, a relevant decision-maker must –
(a) give written notice to the permit holder of the relevant decision-maker’s intention to suspend the permit and the proposed grounds for doing so; and
(b) invite the permit holder to make a submission about the proposed suspension to the relevant decision-maker within the specified period.
(2) For the purposes of subsection (1)(b) , the specified period is not to be a period that is less than 28 days from the date the notice is given to the permit holder under that subsection.
(3) Despite subsection (1) , the relevant decision-maker is not required to give notice under this section of a proposed suspension of an individual permit –
(a) if the relevant decision-maker is of the opinion that the suspension is required urgently because of the biosecurity impact of the conduct authorised by the permit; or
(b) in an emergency.
(4) However, if the relevant decision-maker suspends a permit under this section without giving prior notice to the permit holder, the relevant decision-maker must –
(a) give the permit holder written notice of the grounds for the suspension; and
(b) invite the permit holder to make a submission about the suspension to the relevant decision-maker within the period specified in the written notice given under paragraph (a) .
(5) If the permit holder makes a submission about a proposed suspension to the relevant decision-maker before the specified deadline, the relevant decision-maker must –
(a) decide whether the suspension should be revoked or continued, having regard to that submission; and
(b) give written notice of that decision to the permit holder.