41Immediate suspension or cancellation

41 Immediate suspension or cancellation (1) This section applies if the registrar is satisfied that— (a) a ground for disciplinary action exists in relation to a professional engineer (other than a failure to comply with a requirement of any disciplinary action taken under division 6.1); and (b) it is in the public interest to immediately suspend or cancel the professional engineer’s registration. (2) The registrar may— (a) immediately suspend the professional engineer’s registration for a stated period or until a stated event happens; or (b) immediately cancel the professional engineer’s registration. (3) If the registrar immediately suspends or cancels a registration under subsection (2), the registrar must give the professional engineer written notice (an immediate action notice) that includes the following information: (a) a statement that the suspension or cancellation takes effect as soon as the notice is given to the engineer;

Part 6 Regulatory action—professional engineers Division 6.2 Immediate suspension or cancellation of registration Section 41 page 32 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 (b) if the registration is suspended—the period of the suspension; (c) the reason for the suspension or cancellation; (d) that the engineer may make an application to the registrar under section 43 (Revoking immediate suspension or cancellation). (4) However, the registrar may give a professional engineer an immediate action notice orally if the registrar believes there is an immediate risk to the safety of any person. (5) If the registrar gives the immediate action notice orally, the registrar must also give the professional engineer a written notice that includes the information mentioned in subsection (3) as soon as practicable, but not later than 7 days after the notice was given orally. (6) Suspension or cancellation under this section takes effect when— (a) for an immediate action notice given orally and in writing—the oral notice is given to the professional engineer; or (b) for an immediate action notice given only in writing—the written notice is given to the professional engineer. (7) A suspension under this section ends— (a) if the registrar suspends the registration for a fixed period—on the day stated in the immediate action notice; or (b) if the registrar suspends the registration until a particular event happens—when the event happens; or (c) if disciplinary action is taken against the professional engineer—when the disciplinary action takes effect; or (d) if disciplinary action is not taken against the professional engineer—on the earliest of the following: (i) when the registrar gives the engineer written notice that the registrar will not take disciplinary action against the engineer;

Regulatory action—professional engineers Part 6 Immediate suspension or cancellation of registration Division 6.2 Section 42 R5 23/02/26 Professional Engineers Act 2023 Effective: 23/02/26 page 33 Authorised by the ACT Parliamentary Counsel—also accessible at (ii) 90 days after the immediate suspension notice is given to the engineer; or (e) if the registrar revokes the suspension or cancellation under section 43—the day stated in the written notice given to the person under section 43 (4).