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] 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) 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] [Section 92 Subsection (3) amended by No. 7 of 2025, s. 170, Applied:01 Jul 2025] A suspension under subsection (1) 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] A person who is aggrieved by the suspension or revocation by the Minister pursuant to 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.