QLDIn ForceRegulation
Marine Parks Regulation 2017
sec.81Procedure for non-immediate cancellation or suspension
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### sec.81 Procedure for non-immediate cancellation or suspension
If the chief executive proposes to take action (the proposed action ) under section 80 , the chief executive must give the other party to the agreement 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 agreement—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 authorisation under the agreement—to suspend it for not longer than the proposed suspension period; or
if the proposed action was to cancel the agreement—either to cancel the agreement or to suspend the authorisation under it for a period.
If the chief executive decides to cancel the agreement, or suspend the authorisation under the agreement, the chief executive must give the other party to the agreement an information notice about the decision.
The cancellation or suspension takes effect on the later of the following days—
the day the information notice is given to the other party to the agreement;
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 other party to the agreement notice of the decision.
If a commercial activity agreement is cancelled because of the conviction of a person for an offence and the conviction is quashed, the cancellation has no further effect.
If the authorisation under a commercial activity agreement 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.81-ssec.1) If the chief executive proposes to take action (the proposed action ) under section 80 , the chief executive must give the other party to the agreement 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 agreement—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.81-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 authorisation under the agreement—to suspend it for not longer than the proposed suspension period; or if the proposed action was to cancel the agreement—either to cancel the agreement or to suspend the authorisation under it for a period.
(sec.81-ssec.3) If the chief executive decides to cancel the agreement, or suspend the authorisation under the agreement, the chief executive must give the other party to the agreement an information notice about the decision.
(sec.81-ssec.4) The cancellation or suspension takes effect on the later of the following days— the day the information notice is given to the other party to the agreement; the day of effect stated in the information notice.
(sec.81-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 other party to the agreement notice of the decision.
(sec.81-ssec.6) If a commercial activity agreement is cancelled because of the conviction of a person for an offence and the conviction is quashed, the cancellation has no further effect.
(sec.81-ssec.7) If the authorisation under a commercial activity agreement 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.
- (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 agreement—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 authorisation under the agreement—to suspend it for not longer than the proposed suspension period; or
- (b) if the proposed action was to cancel the agreement—either to cancel the agreement or to suspend the authorisation under it for a period.
- (a) the day the information notice is given to the other party to the agreement;
- (b) the day of effect stated in the information notice.