28ADisciplinary action

28A Disciplinary action

[Section 28A Inserted by No. 44 of 2007, s. 25, Applied:13 Nov 2007]

(1)  In this section –

disciplinary action means any one or more of the following:

(a) the issuing of a letter of censure;

(b) the imposition of a fine not exceeding 20 penalty units;

(c) the amendment of a permit or exemption;

(d) the suspension of a permit or exemption;

(e) the cancellation or revocation of a permit or exemption.

(2)  Subject to this section, the Secretary may take disciplinary action if satisfied –

(a) that a permit holder, affected person or exempt person has contravened this Act; or

(b) of any other prescribed matter.

(3)  The Secretary may not take disciplinary action, other than the issue of a letter of censure, without first allowing the permit holder, affected person or exempt person an opportunity to make submissions in relation to the matter and considering any submissions so made.

(4)  A letter of censure may direct the permit holder, affected person or exempt person to take the action specified in the letter for the purposes of rectifying any matter giving rise to the letter of censure and may direct that the action be taken within a period specified in the letter.

(5)  A permit holder, affected person or exempt person must comply with a direction given in a letter of censure within the period specified in the letter of censure.

(6)  On determining whether or not to take disciplinary action under this section, the Secretary must notify the permit holder, affected person or exempt person in writing as to whether or not disciplinary action is being taken and, if so, what disciplinary action is being taken.

(7)  The cancellation, revocation, suspension or amendment of a permit or exemption, or the amendment of the conditions to which a permit or exemption is subject, takes effect on the day the permit holder or exempt person receives the notice given under or on a later day specified in that notice.