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.