sec.159DShow cause process for interim prohibition orders

sec.159D Show cause process for interim prohibition orders

If a regulatory body proposes to issue an interim prohibition order to an unregistered person, the body must give the person notice of the proposed order. Notice given under subsection (1) — may be given in writing or verbally; and must invite the unregistered person to make written or verbal submissions to the regulatory body, within the stated time, about the proposed interim prohibition order. After considering any submission made by the unregistered person in accordance with the notice, the regulatory body must— decide whether or not to issue the interim prohibition order; and immediately after making the decision, give the unregistered person written notice of the body’s decision. The notice of the regulatory body’s decision must include the following— the decision made by the body; the reasons for the body’s decision; if the decision is to issue the interim prohibition order— that the unregistered person may appeal against the decision; and how an application for an appeal may be made; and the period within which the application must be made. s 159D ins 2022 No. 22 s 94 (sec.159D-ssec.1) If a regulatory body proposes to issue an interim prohibition order to an unregistered person, the body must give the person notice of the proposed order. (sec.159D-ssec.2) Notice given under subsection (1) — may be given in writing or verbally; and must invite the unregistered person to make written or verbal submissions to the regulatory body, within the stated time, about the proposed interim prohibition order. (sec.159D-ssec.3) After considering any submission made by the unregistered person in accordance with the notice, the regulatory body must— decide whether or not to issue the interim prohibition order; and immediately after making the decision, give the unregistered person written notice of the body’s decision. (sec.159D-ssec.4) The notice of the regulatory body’s decision must include the following— the decision made by the body; the reasons for the body’s decision; if the decision is to issue the interim prohibition order— that the unregistered person may appeal against the decision; and how an application for an appeal may be made; and the period within which the application must be made.

• (a) may be given in writing or verbally; and
• (b) must invite the unregistered person to make written or verbal submissions to the regulatory body, within the stated time, about the proposed interim prohibition order.
• (a) decide whether or not to issue the interim prohibition order; and
• (b) immediately after making the decision, give the unregistered person written notice of the body’s decision.
• (a) the decision made by the body;
• (b) the reasons for the body’s decision;
• (c) if the decision is to issue the interim prohibition order— (i) that the unregistered person may appeal against the decision; and (ii) how an application for an appeal may be made; and (iii) the period within which the application must be made.