QLDIn ForceRegulation
Marine Parks Regulation 2017
sec.33Procedures for non-immediate suspension or cancellation
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### sec.33 Procedures for non-immediate suspension or cancellation
If the chief executive proposes to take action (the proposed action ) under section 32 , the chief executive must give the holder of the permission a notice stating each of the following—
the proposed action;
the ground for the proposed action;
an outline of the facts and circumstances forming the basis for the ground;
if the proposed action is suspension of the permission—the proposed suspension period;
an invitation to make written submissions, within a stated period of at least 20 business days after the notice is given, about why the proposed action should not be taken.
If, after considering any written submissions made within the stated period, the chief executive still considers the ground to take the proposed action exists, the chief executive may decide—
if the proposed action was to suspend the permission—to suspend it for not longer than the proposed suspension period; or
if the proposed action was to cancel the permission—either to cancel it or to suspend it for a period.
If the chief executive decides to suspend or cancel the permission, the chief executive must give the holder an information notice about the decision.
A decision to suspend or cancel the permission takes effect on the later of the following days—
the day the information notice is given to the holder;
the day of effect stated in the information notice.
If the chief executive decides not to take the proposed action, the chief executive must as soon as practicable after making the decision give the holder notice of the decision.
If a permission is suspended because of the conviction of a person for an offence and the conviction is quashed, the suspension period ends on the day the conviction is quashed.
If a permission is cancelled because of the conviction of a person for an offence and the conviction is quashed, the cancellation has no further effect.
(sec.33-ssec.1) If the chief executive proposes to take action (the proposed action ) under section 32 , the chief executive must give the holder of the permission a notice stating each of the following— the proposed action; the ground for the proposed action; an outline of the facts and circumstances forming the basis for the ground; if the proposed action is suspension of the permission—the proposed suspension period; an invitation to make written submissions, within a stated period of at least 20 business days after the notice is given, about why the proposed action should not be taken.
(sec.33-ssec.2) If, after considering any written submissions made within the stated period, the chief executive still considers the ground to take the proposed action exists, the chief executive may decide— if the proposed action was to suspend the permission—to suspend it for not longer than the proposed suspension period; or if the proposed action was to cancel the permission—either to cancel it or to suspend it for a period.
(sec.33-ssec.3) If the chief executive decides to suspend or cancel the permission, the chief executive must give the holder an information notice about the decision.
(sec.33-ssec.4) A decision to suspend or cancel the permission takes effect on the later of the following days— the day the information notice is given to the holder; the day of effect stated in the information notice.
(sec.33-ssec.5) If the chief executive decides not to take the proposed action, the chief executive must as soon as practicable after making the decision give the holder notice of the decision.
(sec.33-ssec.6) If a permission is suspended because of the conviction of a person for an offence and the conviction is quashed, the suspension period ends on the day the conviction is quashed.
(sec.33-ssec.7) If a permission is cancelled because of the conviction of a person for an offence and the conviction is quashed, the cancellation has no further effect.
- (a) the proposed action;
- (b) the ground for the proposed action;
- (c) an outline of the facts and circumstances forming the basis for the ground;
- (d) if the proposed action is suspension of the permission—the proposed suspension period;
- (e) an invitation to make written submissions, within a stated period of at least 20 business days after the notice is given, about why the proposed action should not be taken.
- (a) if the proposed action was to suspend the permission—to suspend it for not longer than the proposed suspension period; or
- (b) if the proposed action was to cancel the permission—either to cancel it or to suspend it for a period.
- (a) the day the information notice is given to the holder;
- (b) the day of effect stated in the information notice.