6A09Notice of Commissioner's decision on removal action and materials relied on (Act s. 33L(3) and (5))

##### 6A09. Notice of Commissioner’s decision on removal action and materials relied on (Act s. 33L(3) and (5)) (1) A notice under section 33L(3)(b) of the Act shall be given to the member within 7 days of the making of the decision to take removal action. (2) The Commissioner is not required to comply with section 33L(5)(b) of the Act — (a) to the extent that he or she has already provided the member with a copy of the documents or made available to the member for inspection any other materials under this Part; or (b) the documents or materials are privileged. (3) If the Commissioner does not comply with section 33L(5)(b) of the Act because the documents or materials are privileged the Commissioner shall advise the member of the ground for the documents or materials being privileged. (4) Subregulation (3) does not apply if the Commissioner has already advised the member under this Part of the ground for the documents or materials being privileged. [Regulation 6A09 inserted: Gazette 26 Aug 2003 p. 3763.]