69ASuspension or cancellation

69A Suspension or cancellation (1) The Secretary may, by notice in writing to the holder of an authority, suspend or cancel an authority if— (a) the holder requests suspension or cancellation; or (b) the holder has not complied with the terms, conditions, limitations or restrictions of the authority; or (c) the holder has failed to comply with this Act or regulations; or S. 69A(1)(d) substituted by No. 22/2022 s. 64(1). (d) the Secretary is satisfied that the holder or any associate of the holder is no longer a fit and proper person to hold or be associated with, as the case requires, the authority; or (e) the Secretary is satisfied that the holder obtained the authority by fraud, misrepresentation or concealment of facts; or S. 69A(1)(ea) inserted by No. 22/2022 s. 64(2). (ea) the Chief Commissioner of Police requests suspension or cancellation on the basis of protected information concerning the holder or an associate of the holder; or (f) the holder ceases to carry on the research or commercial activity to which the authority relates. S. 69A(2) amended by No. 22/2022 s. 64(3). (2) If an authority is suspended or cancelled under subsection (1), it ceases to be of effect. S. 69A(3) inserted by No. 22/2022 s. 64(4). (3) For the purposes of subsection (1)(ea), the Chief Commissioner of Police may request that the Secretary suspend or cancel an authority on the basis of protected information at any time. S. 69A(4) inserted by No. 22/2022 s. 64(4). (4) The Chief Commissioner of Police must— (a) request the suspension or cancellation of an authority in writing; and (b) subject to section 69AC(1), provide reasons for the request. S. 69A(5) inserted by No. 22/2022 s. 64(4). (5) If the Chief Commissioner of Police requests the suspension or cancellation of an authority on the basis of protected information, the Secretary must suspend or cancel the authority (as the case requires). S. 69A(6) inserted by No. 22/2022 s. 64(4). (6) If an authority is suspended or cancelled under subsection (1), the Secretary must— (a) notify the Chief Commissioner of Police that the authority has been suspended or cancelled; and (b) as soon as practicable— (i) notify the former holder in writing that the authority has been suspended or cancelled (as the case requires); and (ii) subject to section 69AC(2), provide reasons for the suspension or cancellation; and (iii) inform the former holder that they have the right to seek review of the decision to suspend or cancel the authority by VCAT. S. 69A(7) inserted by No. 22/2022 s. 64(4). (7) Within 14 days of receiving notice that an authority is suspended or cancelled under subsection (1), a person must surrender to the Secretary— (a) the relevant authority; and (b) any related document issued to the person. S. 69AB inserted by No. 40/2019 s. 8. 69AB Delegation The Secretary, by instrument, may delegate any powers or functions of the Secretary under this Part to a person, by name or by position, who is employed under Part 3 of the **Public Administration Act 2004**. S. 69AC inserted by No. 22/2022 s. 65. 69AC Procedure for decisions based on protected information (1) If the Chief Commissioner of Police opposes the issuing or renewal of an authority, or requests the suspension or cancellation of an authority, wholly or partly based on protected information, the Chief Commissioner of Police may decide— (a) to include the protected information in the reasons given to the Secretary under sections 63(3)(c)(ii), 67(2A)(c)(ii) or 69A(4)(b) and specify which information is protected information; or (b) not to include the protected information in the reasons given to the Secretary under sections 63(3)(c)(ii), 67(2A)(c)(ii) or 69A(4)(b) and specify that— (i) some or all of the Chief Commissioner of Police's decision is based on protected information; and (ii) to the extent that the decision is based on protected information, reasons will not be given to the Secretary. (2) In giving reasons under sections 65(3)(b), 67(4)(b)(ii) or 69A(6)(b)(ii), the Secretary must— (a) not disclose any protected information; and S. 69AC(2)(b) amended by No. 39/2024 s. 113(1). (b) if the Secretary's decision is partially or wholly based on protected information, specify that some or all of the Secretary's decision is based on advice from the Chief Commissioner of Police. (3) Section 8 of the **Administrative Law Act 1978** does not apply to a decision to which this section applies. S. 69B inserted by No. 54/1997 s. 5 (as amended by No. 52/1998 s. 311 (Sch. 1 item 22)). 69B Review by VCAT (1) A person may apply to the Victorian Civil and Administrative Tribunal for review of a decision of the Secretary— (a) to refuse to issue an authority to that person; or (b) to refuse to renew an authority held by that person; or (c) to suspend, cancel or amend an authority held by that person. (2) An application for review under subsection (1) must be made within 28 days after the later of— (a) the day on which the decision is made; (b) if, under the **Victorian Civil and Administrative Tribunal Act 1998**, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given. S. 69BA inserted by No. 22/2022 s. 66. 69BA VCAT to inquire on grounds for refusal (1) On receipt of an application for review under section 69B, VCAT must enquire of the Secretary whether the grounds for the refusal, suspension, cancellation or amendment were based on any protected information. (2) The Secretary must respond to VCAT's enquiry under subsection (1) in writing. S. 69BB inserted by No. 22/2022 s. 66. 69BB Appointment of special counsel (1) VCAT must appoint a special counsel to represent the interests of the applicant if the Secretary informs VCAT under section 69BA(2) that a decision was based on protected information. (2) A special counsel must be a barrister within the meaning of the Legal Profession Uniform Law (Victoria) who, in the opinion of VCAT, has the appropriate skills and ability to represent the interests of the party at the hearing. (3) At any time before the special counsel attends the hearing or obtains any confidential affidavit in relation to the application for review, for the purpose of obtaining information or instructions from the party or representative in relation to the proceeding, the special counsel may communicate with— (a) the party whose interests the special counsel is representing; or (b) any representative of that party. (4) Subject to section 69BD(5), at any time after the special counsel commences to attend the hearing or obtains any confidential affidavit in relation to the application for review, the special counsel must not— (a) take instructions from the party whose interests the special counsel is representing, or from any representative of that party; and (b) communicate any other information in relation to the hearing to that party or a representative of that party without leave of VCAT, except to communicate any order made by VCAT at or in relation to the hearing. (5) A special counsel may be required to sign a confidentiality undertaking to VCAT. S. 69BC inserted by No. 22/2022 s. 66. 69BC Procedure for hearing—protected information (1) If the Secretary informs VCAT under section 69BA(2) that the decision was based on protected information— (a) the Chief Commissioner of Police must be joined as a party to the proceeding; and (b) at the hearing of the application for review, VCAT must first determine whether or not the information is protected information. (2) For the purposes of subsection (1)(b), VCAT must hold the hearing in private. (3) The following parties are entitled to be present at the hearing under subsection (2)— (a) if protected information was included in the reasons given to the Secretary from the Chief Commissioner of Police under section 63(3)(c)(ii), 67(2A)(c)(ii) or 69A(4)(b), the Secretary, the Chief Commissioner of Police and the special counsel; (b) if no protected information was included in the reasons given to the Secretary from the Chief Commissioner of Police under sections 63(3)(c)(ii), 67(2A)(c)(ii) or 69A(4)(b), the Chief Commissioner of Police and the special counsel only. (4) Each party that is entitled to be present at the hearing has a right to make submissions as to whether evidence supporting the grounds for the refusal to issue or renew the authority, or the cancellation or the suspension of the authority, amounts to protected information. (5) After hearing the parties under subsection (4), VCAT must decide whether or not any of the evidence adduced amounts to protected information. (6) If VCAT decides that none of the evidence adduced under subsection (4) amounts to protected information, VCAT must permit any party to attend the hearing that was excluded under subsection (3). S. 69BD inserted by No. 22/2022 s. 66. 69BD Decision of VCAT where protected information exists (1) Without limiting any other power of VCAT conferred by or under this Part or any other Act, if VCAT decides that any of the evidence adduced under section 69BC(4) is protected information, only the following parties are entitled to be present at the hearing of the proceeding to the extent that it relates to that protected information— (a) the Chief Commissioner of Police; and (b) the special counsel; and (c) if the protected information was given to the Secretary by the Chief Commissioner of Police, the Secretary. (2) Each party that is entitled to be present at the hearing of the proceeding has a right to make submissions as to— (a) the weight that should be given to the evidence supporting the grounds for the refusal to issue or to renew the authority or the cancellation or the suspension of the authority that amounts to protected information and any other evidence adduced; and (b) the character of the applicant, being evidence indicating whether the applicant is a fit and proper person to hold an authority; and (c) whether, in all the circumstances, the authority should be issued to the applicant, renewed or re-instated (as the case requires). (3) In determining a proceeding that involves protected information, VCAT must decide— (a) what weight to give the protected information and any other evidence adduced; and (b) whether the applicant is a fit and proper person to hold an authority; and (c) whether, in all the circumstances, the authority should be issued to the applicant, renewed or reinstated (as the case requires). (4) If VCAT decides under section 69BC(5) that any evidence adduced is protected information, VCAT must take all steps and precautions to prevent release of that information. (5) If special counsel wishes to seek further instructions from the applicant in relation to the protected information, the special counsel must first submit written questions to VCAT for approval. (6) Before approving the written questions under subsection (5), VCAT must hear submissions from the Chief Commissioner of Police on the content of the questions. (7) Despite section 117 of the **Victorian Civil and Administrative Tribunal Act 1998**, any order made by VCAT in relation to a decision under this section must only state— (a) whether the decision of the Secretary is upheld or overturned; and (b) if the authority is not issued, renewed or reinstated (as the case requires), that the applicant or each relevant person in relation to the application has failed to meet the fit and proper person requirements. (8) VCAT may publish reasons for its decision only to the extent that those reasons do not relate to protected information. S. 69BE inserted by No. 22/2022 s. 66. 69BE Chief Commissioner of Police may request Secretary reconsider decision without protected information (1) At any time before a final determination has been made by VCAT in a proceeding under section 69BC or 69BD that involves protected information, the Chief Commissioner of Police may request the Secretary to reconsider the decision to refuse to issue or refuse to renew, or to suspend or cancel, the authority without relying on any report or decision of the Chief Commissioner of Police that was based on protected information. (2) If the Chief Commissioner of Police makes a request under subsection (1)— (a) the Chief Commissioner of Police must advise VCAT that the request has been made; and (b) VCAT*—* (i) must remit the matter for re‑consideration by the Secretary in accordance with the request; and (ii) may make any orders that VCAT thinks fit; and (c) the Secretary must reconsider the decision as if sections 63A, 67(2B) and 69A(5) do not apply. (3) If the authority is issued or renewed or reinstated (as the case requires) the proceeding terminates immediately. S. 69BF inserted by No. 22/2022 s. 66. 69BF General provisions for hearing matters involving protected information (1) For the purposes of a proceeding under section 69BC or 69BD that involves protected information, VCAT must be constituted by a presidential member. (2) The following provisions do not apply to a proceeding for as long as section 69BC or 69BD applies— (a) Subdivision 1 of Division 3 of Part 3 and section 49 of the **Victorian Civil and Administrative Tribunal Act 1998**; (b) section 8 of the **Administrative Law Act 1978**. (3) Subsection (2) does not apply to any extent that a proceeding does not involve protected information. S. 69C inserted by No. 54/1997 s. 5, substituted by No. 22/2022 s. 67.