143Immediate suspension of authorisations

143 Immediate suspension of authorisations (1) This section applies if the chief health officer has given, or is considering whether to give, a disciplinary notice to an authorisation holder. (2) The chief health officer may give the authorisation holder a written notice (an immediate suspension notice) suspending— (a) the authorisation holder’s authority to deal with a regulated substance or regulated therapeutic good; or (b) a particular authorised dealing under the authorisation. (3) However, the chief health officer may suspend the authorisation under subsection (2) only if— (a) the chief health officer has taken into account the circumstances leading to the decision to give or consider giving the disciplinary notice and the grounds stated, or that may be stated, in the disciplinary notice; and (b) the chief health officer believes on reasonable grounds that it is in the public interest that the authorisation be suspended before a decision is made whether or not to take action against the authorisation holder under section 142. (4) If an immediate suspension notice is given to the authorisation holder, the authorisation holder’s authority to deal with the regulated substance or regulated therapeutic good to which the authorisation relates is suspended when the notice is given to the authorisation holder. Note If the authorisation is a licence or approval, the licence or approval must be returned to the chief health officer, see s 145.

(5) If the authorisation holder is given an immediate suspension notice because the chief health officer is considering whether to give a disciplinary notice to the authorisation holder, the chief health officer must, as soon as practicable— (a) give a disciplinary notice to the authorisation holder; or (b) tell the authorisation holder in writing that a disciplinary notice will not be given to the authorisation holder. (6) An immediate suspension notice ends— (a) if the chief health officer decides not to give a disciplinary notice to the authorisation holder—when the chief health officer tells the authorisation holder about the decision under subsection (5) (b); or (b) if a disciplinary notice is given to the authorisation holder— (i) when any disciplinary action takes effect; or (ii) the authorisation holder is given written notice by the chief health officer that no disciplinary action will be taken.