38Taking disciplinary action

38 Taking disciplinary action (1) The registrar may take the proposed disciplinary action against a professional engineer if the registrar— (a) has given the engineer a show cause notice in accordance with section 37; and (b) has considered any submission given in accordance with section 37 (2) (c); and

Part 6 Regulatory action—professional engineers Division 6.1 Disciplinary action Section 39 page 30 Professional Engineers Act 2023 Effective: 23/02/26 R5 23/02/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) is satisfied that it is appropriate to take the proposed disciplinary action against the engineer. (2) If the registrar decides to take the proposed disciplinary action, the registrar must give the professional engineer a written notice (a notice of disciplinary action) that states— (a) that the proposed disciplinary action will be taken; and (b) the day on which the disciplinary action will take effect. (3) Disciplinary action takes effect— (a) if the disciplinary action is suspension or cancellation of the professional engineer’s registration— (i) 14 days after the notice of disciplinary action is given to the engineer; or (ii) if a later date is stated in the notice—that date; or (b) in any other case—on the day stated in the notice of disciplinary action.