97Unilateral closure of Register account

97  Unilateral closure of Register account

 (1) The Regulator may close a Register account if the Regulator is satisfied that the holder of that account:

 (a) is no longer a fit and proper person; or

 (b) has contravened, or is contravening:

 (i) rules made for the purposes of paragraph 167(2)(i) of the Act (which require the holders of Register accounts to notify the Regulator of specified events); or

 (ii) rules made for the purposes of subsection 168(1) or (2) of the Act (which deal with the use or disclosure of information obtained from the Register).

Notice of intention

 (2) Before deciding to close the Register account, the Regulator must:

 (a) use all reasonable efforts to notify the holder of the Register account, by written notice, of the Regulator’s intention to close the account; and

 (b) consider any submissions made in response to the notice.

 (3) The notice must:

 (a) include the following:

 (i) the reasons why the Regulator intends to close the account;

 (ii) a statement of the effect of the closure of the account on any biodiversity certificates held in the account immediately before the closure; and

 (b) invite the holder of the Register account to make submissions to the Regulator within a specified period, which must not be less than 30 days.

Notice of decision

 (4) If the Regulator decides to close the Register account under this section, the Regulator must give written notice of the decision to the holder (if any) of the Register account as soon as practicable after making the decision.