46Secretary to notify of proposed suspension of manufacture licence or permit

46 Secretary to notify of proposed suspension of manufacture licence or permit

(1) Before suspending under section 45 a manufacture licence, or a manufacture permit that relates to the licence, the Secretary must give written notice of the proposed suspension to the licence holder. (2) Subsection (1) does not apply if the licence or permit is suspended in the circumstances mentioned in paragraph 45(3)(b). (3) A notice under subsection (1) in relation to a manufacture licence or a manufacture permit must: (a) state that the Secretary proposes to suspend the licence or permit, as the case requires, and the reasons for the proposed suspension; and (b) invite the licence holder to make a written submission to the Secretary about the proposed suspension. (4) A notice under subsection (1) must specify a period within which the licence holder may make a submission under paragraph (3)(b). The period must be a reasonable period in the circumstances. (5) In deciding whether to suspend a manufacture licence or a manufacture permit, the Secretary must have regard to any submission made under paragraph (3)(b). (6) If this section requires a notice to be given to a manufacture licence holder stating the reasons for a proposed suspension, the Secretary: (a) must not disclose information identified as sensitive law enforcement information under subsection 14LA(1) or (2) of the Act in the notice; and (b) if the Secretary relies upon such information in relation to the proposed suspension—must, in the case of information identified under subsection 14LA(1) of the Act, consult the giver of the information before giving the notice.