92Revocation or suspension of rights

### 92 Revocation or suspension of rights > *\[Section 92 Subsection (6) substituted by No. 46 of 1991, s. 5 and Sched. 3 \]* > > > (1)  *\[Section 92 Subsection (1) amended by No. 27 of 1984, s. 44 \]*Notwithstanding any other provision of this Act but subject to this section, the Minister may, by notice in writing to a person, suspend or revoke any right conferred on that person by or under this Act – > > > > > > (a) to make, refine, prepare, prescribe, sell, supply, or have in his possession a scheduled substance, prohibited substance, or raw narcotic; or > > > > > > > (b) [*\[Section 92 Subsection (1) amended by No. 40 of 2016, s. 30, Applied:17 Oct 2016\]*](/view/html/inforce/2016-10-17/act-2016-040#GS30@EN) to grow, or use or have in his possession, a prohibited plant– > > > > and may, at any time, by notice in writing to that person, remove the suspension or restore that right. > > > (2)  A notice under [subsection (1)](#GS92@Gs1@EN) shall be served on the person to whom it is directed – > > > > > > (a) personally; > > > > > > > (b) by sending the notice or a copy of the notice to that person by post at his last-known place of residence, business, or employment; or > > > > > > > (c) in the case of a body corporate, by sending the notice or a copy of the notice by post to the registered office (if any) of the body corporate or by serving the notice personally on the manager, secretary, or other executive officer of the body corporate. > > > (3)  [*\[Section 92 Subsection (3) amended by No. 7 of 2025, s. 170, Applied:01 Jul 2025\]*](/view/html/inforce/2025-07-01/act-2025-007#GS170@Hpb@EN) [*\[Section 92 Subsection (3) amended by No. 7 of 2025, s. 170, Applied:01 Jul 2025\]*](/view/html/inforce/2025-07-01/act-2025-007#GS170@Hpa@EN) A suspension under [subsection (1)](#GS92@Gs1@EN) has effect for such period (not exceeding 21 days) as the Minister determines and specifies in the notice of suspension, but that period may be extended for such further period as may be ordered by the Tasmanian Civil and Administrative Tribunal on application made to, and heard and determined by, the Tribunal as prescribed. > > > (4)  [*\[Section 92 Subsection (4) amended by No. 7 of 2025, s. 170, Applied:01 Jul 2025\]*](/view/html/inforce/2025-07-01/act-2025-007#GS170@Hpc@EN) [*\[Section 92 Subsection (4) substituted by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002\]*](/view/html/inforce/2002-07-01/act-2001-073#JS1@Ja35@GC1@EN) A person who is aggrieved by the suspension or revocation by the Minister pursuant to [subsection (1)](#GS92@Gs1@EN) of such a right as is referred to in that subsection may apply to the Tasmanian Civil and Administrative Tribunal for a review of the suspension or revocation. > > > (4A)  [*\[Section 92 Subsection (4A) amended by No. 7 of 2025, s. 170, Applied:01 Jul 2025\]*](/view/html/inforce/2025-07-01/act-2025-007#GS170@Hpd@EN) [*\[Section 92 Subsection (4A) inserted by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002\]*](/view/html/inforce/2002-07-01/act-2001-073#JS1@Ja35@GC1@EN) A person who is aggrieved by an order by the Tasmanian Civil and Administrative Tribunal under [subsection (3)](#GS92@Gs3@EN) extending the period of such a suspension may appeal to the Supreme Court which has jurisdiction to hear and determine the appeal. > > > (5)  [*\[Section 92 Subsection (5) substituted by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002\]*](/view/html/inforce/2002-07-01/act-2001-073#JS1@Ja35@GC1@EN) [*\[Section 92 Subsection (5) omitted by No. 7 of 2025, s. 170, Applied:01 Jul 2025\]*](/view/html/inforce/2025-07-01/act-2025-007#GS170@Hpe@EN) .  .  .  .  .  .  .  .   > > > (6)  *\[Section 92 Subsection (6) substituted by No. 27 of 1984, s. 44 \]*The Minister shall not, pursuant to this section, suspend or revoke a right referred to in [subsection (1)](#GS92@Gs1@EN) unless, after giving the person on whom the right is conferred an opportunity to be heard and having regard to the evidence before him, he is satisfied that – > > > > > > (a) the person, in relation to that right, is or has been guilty of conduct which – > > > > > > > > > > (i) is an abuse of that right or a contravention of or failure to comply with a provision of this Act; or > > > > > > > > > > > (ii) shows him to be unfit to enjoy that right; or > > > > > > > (b) [*\[Section 92 Subsection (6) amended by No. 15 of 2017, s. 31, Applied:13 Jun 2017\]*](/view/html/inforce/2017-06-13/act-2017-015#GS31@Hpa@EN) in the interests of the person's health or welfare, it is desirable to suspend or revoke the right; or > > > > > > > (c) [*\[Section 92 Subsection (6) amended by No. 15 of 2017, s. 31, Applied:13 Jun 2017\]*](/view/html/inforce/2017-06-13/act-2017-015#GS31@Hpb@EN) it is in the public interest to suspend or revoke the right. > > > (7)  *\[Section 92 Subsection (7) substituted by No. 27 of 1984, s. 44 \]*In this section, a reference to a right conferred on a person by or under this Act is a reference to – > > > > > > (a) [*\[Section 92 Subsection (7) amended by No. 55 of 1997, Applied:22 Dec 1997\]*](/view/html/inforce/1997-12-22/act-1997-055#AT@EN) [*\[Section 92 Subsection (7) amended by No. 55 of 1997, s. 8, Applied:22 Dec 1997\]*](/view/html/inforce/1997-12-22/act-1997-055#GS8@Hpa@EN) a right arising by virtue of a licence, permit, authorisation or authority issued, conferred or granted by or under this Act conferring on the holder of the licence, permit, authorisation or authority the right to make, refine, prepare, prescribe, sell, supply, or have in his possession or use a substance or plant of a kind referred to in [subsection (1)](#GS92@Gs1@EN) ; or > > > > > > > (b) a right, privilege, or freedom arising by virtue of an exception or exemption provided for by or under this Act to do any of the things referred to in [paragraph (a)](#GS92@Gs7@Hpa@EN) .