94Notification of suspension decision etc.

94  Notification of suspension decision etc.

 (1) The Minister must, as soon as practicable after deciding to suspend a controlled activity authorisation:

 (a) give written notice (the suspension notice) of the decision to the holder; and

 (b) publish a copy of the suspension notice on the Department’s website; and

 (c) publish a copy of the suspension notice through the Clearing‑House Mechanism.

 (2) The suspension notice must specify:

 (a) the reasons for the suspension; and

 (b) the day the suspension takes effect (which must not be earlier than the day after the notice is given); and

 (c) either or both of the following:

 (i) the actions the holder must take for the suspension to end;

 (ii) a fixed period for the suspension.

Note: Section 266 of the Administrative Review Tribunal Act 2024 requires a decision‑maker to notify persons whose interests are affected by the decision of the making of the decision and their right to have the decision reviewed. In so notifying, the decision‑maker must have regard to the matters (if any) prescribed by rules made under that Act.

Suspensions subject to specified actions

 (3) If the suspension notice specifies actions the holder must take for the suspension to end, and the Minister is satisfied that the holder has taken those actions, the Minister must:

 (a) give written notice (the action taken notice) of that fact to the holder; and

 (b) publish a copy of the action taken notice on the Department’s website; and

 (c) publish a copy of the action taken notice through the Clearing‑House Mechanism.

When a suspension ends

 (4) The suspension of the controlled activity authorisation ends in accordance with the following table.

 

• When the suspension of the controlled activity authorisation ends
• Item Column 1If the suspension notice specifies ... Column 2the suspension ends ...
• 1 actions the holder must take for the suspension to end at the start of the day the Minister gives the action taken notice, subject to item 3
• 2 a fixed period for the suspension immediately after the end of the fixed period, subject to item 3
• 3 both:(a) actions the holder must take for the suspension to end; and(b) a fixed period for the suspension at the later of the following times:(a) the start of the day the Minister gives the action taken notice;(b) immediately after the end of the fixed period

 

Subdivision D—Revocation

95  Revocation of authorisation