39Not taking disciplinary action

39 Not taking disciplinary action (1) This section applies if the registrar— (a) has given a professional 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 (c) is satisfied that disciplinary action against the professional engineer— (i) may not be taken; or (ii) may be taken, but that, in all the circumstances, it is not appropriate to take the action.

Regulatory action—professional engineers Part 6 Immediate suspension or cancellation of registration Division 6.2 Section 40 R5 23/02/26 Professional Engineers Act 2023 Effective: 23/02/26 page 31 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) The registrar must give the professional engineer a written notice that tells the engineer that disciplinary action will not be taken against the engineer in relation to the matters stated in the show cause notice.