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Public Health Act 1997
56PRegistration—notified suspension and cancellation
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56P Registration—notified suspension and cancellation
(1) The grounds for the suspension or cancellation under this section (the
notified suspension or cancellation) of a registration are as follows:
(a) the obtaining of the registration by fraud or misrepresentation;
(b) the contravention of this Act or a corresponding public health
risk law by the registered person or any defined influential
person in relation to the registered person.
(2) This section applies if the Minister believes on reasonable grounds
(a) there is a ground for notified suspension or cancellation of a
registration; and
cancel the registration (the proposed action).
(3) The Minister must give written notice to the registered person that—
(a) states the proposed action, including any proposed suspension
period; and
(b) states the ground for the proposed action; and
(c) states the facts and circumstances that, in the Minister’s opinion,
constitute the ground; and
(d) invites the person to make written representations, within a
stated period of at least 28 days after the person is given the
notice, why the proposed action should not be taken.
(4) If, after considering any written representations made by the
registered person within the stated period, the Minister is satisfied on
reasonable grounds that a ground exists for notified suspension or
cancellation of the registration, the Minister may—
(a) if the proposed action was to cancel the registration—either
cancel the registration or suspend the registration for not longer
than 1 year; or
(b) if the proposed action was to suspend the registration for a stated
period—suspend the registration for not longer than the stated
(5) The Minister must tell the registered person in writing of the decision.
(6) If the Minister decides to cancel or suspend the registration, the
Minister must also tell the person in writing when the cancellation or
suspension takes effect.
(7) The cancellation or suspension must not take effect earlier than the
day when the registered person is told about the decision.