43Notice to show cause

43 Notice to show cause

43 Notice to show cause

(1) This section applies if the Secretary is of the opinion that there may be grounds for taking disciplinary action under this Part against the holder of a permit.

(2) The Secretary is to serve a notice in writing on the holder, inviting the holder to show cause why the holder should not be dealt with under this Part.

(3) The notice must state the grounds on which the holder is required to show cause and must specify the period, being at least 14 days, during which it must be done.

(4) The holder on whom a notice to show cause has been served may, within the period specified in the notice, make written submissions to the Secretary and provide evidence with respect to the matters to which the notice relates.

(5) The Secretary may conduct any inquiry or make any investigation with respect to the matters to which the notice relates and the submissions made, if any, and the evidence adduced, if any, by or on behalf of the holder with respect to those matters that the Secretary thinks fit.

(6) The Secretary must, before determining whether or not to take disciplinary action under this Part against a person, take into consideration any submission made by the person in accordance with this section.

(7) However, the Secretary may take immediate disciplinary action without taking any steps under this section if the Secretary is of the opinion that it is in the public interest to take immediate action.