38Immediate suspension or cancellation

38 Immediate suspension or cancellation (1) This section applies if the registrar is satisfied— (a) a ground for regulatory action exists in relation to a licensee, other than a failure to comply with a requirement of any regulatory action taken under division 4.2; and (b) it is in the public interest to immediately suspend or cancel a licence. (2) The registrar may— (a) immediately suspend the licence for a stated period or until a stated event happens; or (b) immediately cancel the licence.

Division 4.3 Immediate suspension or cancellation of licence (3) If the registrar immediately suspends or cancels a licence under subsection (2), the registrar must give the licensee 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 licensee; (b) if the licence is suspended—when the suspension ends; (c) the reason for the suspension or cancellation; (d) that the licensee may make an application to the registrar under section 40 (Revoking immediate suspension or cancellation). (4) However, the registrar may give a licensee an immediate action notice orally if the registrar believes there is an immediate risk to the safety of a person. (5) If the registrar gives the immediate action notice orally, the registrar must also give the licensee a written notice that includes the information mentioned in subsection (3) as soon as practicable, but not later than 7 days after the day 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 licensee; or (b) for an immediate action notice given only in writing—the written notice is given to the licensee. (7) A suspension under this section ends on the earliest of the following: (a) if the registrar suspends the licence— (i) for a stated period—when the period ends; or (ii) until a stated event happens—when the event happens; (b) if other regulatory action— (i) is taken against the licensee—when the other regulatory action takes effect; or

Immediate suspension or cancellation of licence Division 4.3 (ii) is not taken against the licensee—on the earliest of the (A) when the registrar gives the licensee a written notice under section 36 (2); (B) 90 days after the immediate suspension notice is given to the licensee; (C) if the registrar revokes the suspension or cancellation under section 40—the day stated in the written notice given to the person under section 40 (4).