9‑20 Secretary may suspend accreditation9‑20 Secretary may suspend accreditation of veterinarian in whole or in part

9‑20 Secretary may suspend accreditation of veterinarian in whole or in part

Grounds for suspension (1) The Secretary may suspend the accreditation of a veterinarian, in whole or in part, if the Secretary reasonably believes any of the following: (a) if the veterinarian is accredited to carry out pre‑export preparation operations in approved export programs in a State or Territory—the accredited veterinarian ceases to be registered as a veterinarian in that State or Territory; (b) a condition has been imposed on the accredited veterinarian’s registration in a State or Territory that prevents the veterinarian from examining, inspecting, testing or treating animals in that State or Territory; (c) the accredited veterinarian is not a fit and proper person; (d) the accredited veterinarian has contravened a condition of the accreditation; (e) the accredited veterinarian failed to comply with a direction given to the accredited veterinarian under subsection 314(2) of the Act to remedy a deficiency in carrying out export operations in an approved export program; (f) the accredited veterinarian: (i) made a false, misleading or incomplete statement in an application under this Part; or (ii) gave false, misleading or incomplete information or documents to the Secretary or to another person performing functions or exercising powers under the Act; or (iii) gave false, misleading or incomplete information or documents to the Secretary or the Department under a prescribed agriculture law; (g) the accredited veterinarian failed to keep records as required by section 9‑26; (h) the accredited veterinarian failed to make reports as required by section 9‑27; (i) the accredited veterinarian has contravened another requirement of the Act.

Note 1: A suspension must not be for more than 28 days (see subsection (5)).

Note 2: A decision to suspend the accreditation of a veterinarian is a reviewable decision (see section 11‑1 of this instrument and Part 2 of Chapter 11 of the Act).

Note 3: If the accreditation of a veterinarian is suspended in whole or in part, the veterinarian may not apply to the Secretary to renew the accreditation (see subsection 9‑16(1)).

Notice of proposed suspension (2) The Secretary must not suspend the accreditation of a veterinarian under subsection (1) unless the Secretary has given a written notice to the accredited veterinarian in accordance with subsection (3). (3) A notice under subsection (2) must: (a) state that the Secretary proposes to suspend the accreditation of the veterinarian in whole or in part; and (b) if the Secretary proposes to suspend the accreditation of the veterinarian in part—give details of the part that is proposed to be suspended; and (c) specify the grounds for the proposed suspension; and (d) specify the date the proposed suspension is to start; and (e) specify the period of the proposed suspension; and (f) subject to subsection (4), request the accredited veterinarian to give to the Secretary within 14 days after the day the notice is given, or within such longer period specified in the notice, a written statement showing cause why the accreditation should not be suspended as proposed; and (g) include a statement setting out the accredited veterinarian’s right to seek review of a decision to suspend the accreditation as proposed; and (h) if the notice includes the request referred to in paragraph (f)—state that the proposed suspension will start on the date specified under paragraph (d) if the Secretary does not receive a response to the request within: (i) 14 days after the notice is given; or (ii) if the notice specifies a longer period—that longer period. (4) A notice under subsection (2) is not required to include the request referred to in paragraph (3)(f) if the Secretary reasonably believes that the grounds for the suspension are serious and urgent. Period of suspension (5) A suspension of the accreditation of a veterinarian under subsection (1) must not be for more than 28 days.