sec.124Procedure

sec.124 Procedure

If the chief executive proposes to suspend or cancel a plant authority (the proposed action ) under section 123 , the chief executive must give the holder of the authority a notice stating the following— the proposed action; the ground for the proposed action under section 123 ; an outline of the facts and circumstances forming the basis for the ground; if the proposed action is to suspend the authority—the proposed suspension period; that the holder may make written representations to the chief executive, 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 representations 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 plant authority—to suspend it for not longer than the proposed suspension period; or if the proposed action was to cancel the authority—either to cancel the authority or suspend it for a period. If the chief executive decides to suspend or cancel the plant authority, the chief executive must give the holder an information notice for the decision. The suspension or cancellation of the plant authority 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 notice. If the chief executive decides to suspend the plant authority, the suspension continues until the end of the suspension period. 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. Despite subsection (4) , if a plant authority is cancelled because of the conviction of a person for an offence and the conviction is quashed, the cancellation stops having effect. Despite subsections (4) and (5) , if a plant authority 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.124-ssec.1) If the chief executive proposes to suspend or cancel a plant authority (the proposed action ) under section 123 , the chief executive must give the holder of the authority a notice stating the following— the proposed action; the ground for the proposed action under section 123 ; an outline of the facts and circumstances forming the basis for the ground; if the proposed action is to suspend the authority—the proposed suspension period; that the holder may make written representations to the chief executive, 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.124-ssec.2) If, after considering any written representations 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 plant authority—to suspend it for not longer than the proposed suspension period; or if the proposed action was to cancel the authority—either to cancel the authority or suspend it for a period. (sec.124-ssec.3) If the chief executive decides to suspend or cancel the plant authority, the chief executive must give the holder an information notice for the decision. (sec.124-ssec.4) The suspension or cancellation of the plant authority 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 notice. (sec.124-ssec.5) If the chief executive decides to suspend the plant authority, the suspension continues until the end of the suspension period. (sec.124-ssec.6) 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.124-ssec.7) Despite subsection (4) , if a plant authority is cancelled because of the conviction of a person for an offence and the conviction is quashed, the cancellation stops having effect. (sec.124-ssec.8) Despite subsections (4) and (5) , if a plant authority 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.