37Immediate suspension of licence or registration

37 Immediate suspension of licence or registration (1) This section applies if the chief health officer has given, or is considering whether to give, a disciplinary notice to a licensee or registered owner of a regulated radiation source on a ground on which disciplinary action may be taken against the licensee or registered owner (the relevant disciplinary ground).

(2) The chief health officer may give the licensee or registered owner a written notice (an immediate suspension notice) suspending the licence, a particular authorised dealing under the licence or the registration on the relevant disciplinary ground. Note 1 Authorised dealing is defined in the dictionary. Note 2 For how documents may be given, see the Legislation Act, pt 19.5. (3) However, the chief health officer may give the licensee or registered owner an immediate suspension notice on the relevant disciplinary ground only if— (a) the chief health officer has taken into account the circumstances leading to the decision to give or consider giving the disciplinary notice; and (b) the chief health officer believes, on reasonable grounds, that it is in the public interest that the licence, authorised dealing or registration be suspended before a decision is made whether or not to take disciplinary action against the licensee under section 36 on the relevant disciplinary ground. (4) If an immediate suspension notice is given to the licensee or registered owner, the suspension takes effect when the notice is given to the licensee or registered owner. Note For the return of the licence to the chief health officer, see s 40. (5) If the licensee or registered owner is given an immediate suspension notice but has not been given a disciplinary notice on the relevant disciplinary ground, the chief health officer must, as soon as possible, give a disciplinary notice to the licensee or registered owner or tell the licensee or registered owner in writing that a disciplinary notice will not be given to the licensee or registered owner in relation to that ground.

(6) The immediate suspension notice ends when the earliest of the following happens: (a) if the licence or registration is cancelled or suspended under section 36, or a particular authorised dealing is suspended under that section on the relevant disciplinary ground—the cancellation or suspension takes effect; (b) if a condition is imposed on the licence or registration, or an existing condition of the licence or registration is amended, under section 36 on the relevant disciplinary ground—the condition or amended condition takes effect; (c) the person is given written notice under section 36 (4) of the decision in relation to the relevant disciplinary ground; (d) the period of 8 weeks after the suspension under the notice takes effect ends.