14ANotice of proposed action

14A Notice of proposed action Before taking an action against an accredited person under section 14, the ESC must give the accredited person written notice— (a) advising that the ESC is satisfied that there are grounds for taking an action under that section; and (c) inviting a submission from the person to establish why the ESC should not take the action that it is proposing to take; and (d) advising that the person may make a written submission to the ESC no later than— S. 14AB inserted by No. 34/2022 s. 38. 14AB Immediate suspension and notice of proposed action (1) Despite section 14A, the ESC may suspend the accreditation of an accredited person without giving the accredited person a notice under that section if the ESC considers that immediate suspension of the person's accreditation is necessary, having regard to— (a) whether the person is a fit and proper person for the purposes of accreditation; and (b) whether the person is a competent and capable person for the purposes of accreditation; and (c) the purposes of this Act. (2) On suspending the accreditation of an accredited person under subsection (1), the ESC must give to the accredited person written notice— (a) stating that the ESC is satisfied that there are grounds for the ESC to— (i) immediately suspend the person's accreditation; and (ii) take an action under section 14; and (c) inviting a submission from the person to establish why the ESC should not take the action under section 14 that it is proposing to take; and (d) advising that the person may make a written submission to the ESC no later than— See section 14AE which provides protection against self‑incrimination. S. 14AC inserted by No. 34/2022 s. 38. 14AC Request for extension of time for submissions (1) A person given notice under section 14A or 14AB may request in writing an extension of time for making a submission to the ESC. (2) The ESC, by written notice, may extend the time within which the person may make a written submission by no more than 28 days. S. 14AD inserted by No. 34/2022 s. 38. 14AD Request by ESC for further information (1) The ESC, by written notice, may request an accredited person to provide within a period (not less than 14 days) specified in the notice— (a) evidence as to whether the accredited person is— (b) any other information relevant to person's conduct as an accredited person. (2) Time does not accrue for the purposes of section 14AF for the period— (b) ending on the date on which the applicant complies with the request. S. 14AE inserted by No. 34/2022 s. 38. 14AE Protection against self-incrimination A person may refuse or fail to comply with a request under section 14AD(1) of the disclosure of information to the ESC would tend to incriminate the person. S. 14AF inserted by No. 34/2022 s. 38. 14AF Time for making determination The ESC must determine whether to take an action under section 14— (a) if the accredited person has made a submission to the ESC, within 28 days of receiving the submission; or (b) if the accredited person has not made a submission to the ESC within the specified time period, within 10 days of the end of that period. S. 14AG inserted by No. 34/2022 s. 38. 14AG Decision of ESC (1) After giving notice to an accredited person under section 14A or 14AB and considering any submissions made by the person and any other available information, the ESC may— (a) cancel any suspension imposed under section 14AB(1); or (b) take any action under section 14; or (c) take no further action. (2) The ESC must give an accredited person a statement of written reasons for a decision to take any action under section 14 in respect of the accredited person. (3) If the ESC determines to suspend the accreditation of an accredited person for a specified period, any period of suspension imposed under section 14AB(1) until the date of the ESC's determination under this section is to be deducted from the specified period of suspension. S. 14B inserted by No. 59/2011 s. 25.