218Decision on taking disciplinary action

218 Decision on taking disciplinary action

(1) If the regulator is satisfied that grounds for taking disciplinary action against a permission holder have been established, the regulator may take—

(a) any disciplinary action specified in the disciplinary notice; or

(b) disciplinary action that is less severe.

(2) In deciding whether to take disciplinary action, the regulator must consider any submission made to the regulator by the permission holder in accordance with the disciplinary notice served on the holder.

(3) The regulator must, as soon as practicable, serve written notice on the permission holder of the decision with respect to taking, or not taking, disciplinary action.

(4) If the decision is to take disciplinary action, the written notice must set out—

(a) the disciplinary action being taken; and

(b) the reasons for the decision; and

S. 218(4)(ba) inserted by No. 34/2023 s. 17.

(ba) the right to seek review of the regulator's decision to take the disciplinary action under Part 12; and

(c) the date on which any cancellation, suspension, disqualification or new or varied condition takes effect.

(5) The date set out in a notice under subsection (4) must not be earlier than 5 business days after the day on which the notice under subsection (3) is served.

S. 219 inserted by No. 63/2017 s. 18.