60Suspension or cancellation

60 Suspension or cancellation

(1) If, after considering any representations made under section 58, the Secretary believes that a ground exists to suspend or cancel the authority and that a suspension or cancellation of the authority is warranted, the Secretary may—

(a) if the proposed action stated in the show cause notice under section 57(1) was to suspend the authority for a period specified in the show cause notice, decide to suspend the authority for not longer than the stated period; or

(b) if the proposed action stated in the show cause notice was to cancel the authority, decide to either cancel the authority or suspend it for a period.

(2) On suspending or cancelling an authority under subsection (1), the Secretary must—

S. 60(2)(a) substituted by No. 97/2005 s. 182(Sch. 4 item 42.2), amended by No. 13/2010 s. 51(Sch. item 45.2(a)).

(a) notify the authority holder and the relevant practitioner registration board or National Board that registered the authority holder of—

(i) the decision to suspend or cancel the authority; and

(ii) the day on which the suspension or cancellation is to take effect; and

(b) notify the authority holder about how the authority holder may seek review of the Secretary's decision; and

(c) give the authority holder a statement of reasons for the suspension or cancellation of the authority.

(3) A notification to the authority holder under subsection (2)(a) and (b) and a statement of reasons under subsection (2)(c) must be—

(b) given to the authority holder as soon as practicable after the authority holder's authority is suspended or cancelled.

(4) The day on which a suspension or cancellation takes effect may be—

(a) the day on which the authority holder is notified under subsection (2); or

(b) a later day the authority holder is notified of under that subsection.

S. 60(5) substituted by No. 97/2005 s. 182(Sch. 4 item 42.3).

(5) In this section—

S. 60(5) def. of relevant practitioner registration board amended by No. 13/2010 s. 51(Sch. item 45.2(b)), substituted by No. 27/2012 s. 24.

relevant practitioner registration board means, in relation to an authority holder who is—

(a) registered to practise a health profession other than as a student by a National Board under the Health Practitioner Regulation National Law—the National Board that registered that person;

(b) a registered veterinary practitioner within the meaning of the Veterinary Practice Act 1997—the Veterinary Practitioners Registration Board of Victoria established under Part 6 of that Act.