(1) Each of the following is a ground for disciplinary action against an authorisation holder:
(a) the authorisation holder has given information to the chief health officer that was false or misleading in a material particular;
(b) the authorisation holder has failed to give information required to be given under this Act;
(c) the authorisation holder has contravened a condition of the authorisation;
(d) the authorisation holder, or an agent or employee of the authorisation holder, has contravened this Act (whether or not the authorisation holder or employee is convicted, or found guilty, of the offence);
Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act
, s 104).
(e) if the authorisation holder is or has been a licence-holder—
(i) when the chief health officer issued the licence, grounds existed to refuse the application for the licence but the chief health officer was not aware of them; or
(ii) the licence-holder is not, or is no longer, a suitable person for a licence; or
(iii) the licence-holder no longer carries out the dealing to which the licence relates; or
(iv) a ground mentioned in paragraph (a), (b), (c) or (d) applies in relation to a close associate of, or influential person for, the licence-holder; or
(v) a close associate of, or influential person for, the licence-holder is not, or is no longer, a suitable person for the licence;
(f) if the person is or was an interstate wholesaler—
(i) the person, or an agent or employee of the person, supplied a regulated substance or regulated therapeutic good to someone not authorised to obtain it; or
(ii) the person, or an agent or employee of the person, contravened a condition or restriction that applies or applied to the person under a corresponding law or a regulation.
(2) In subsection (1) (d), a reference to a contravention of this Act includes a reference to the following:
(a) a contravention of the Criminal Code
in relation to a document completed, kept or given, or required to be completed, kept or given, under this Act;
(b) a contravention of the Criminal Code
in relation to anything else done, or not done, under this Act.
Note See also the Criminal Code
, pt 2.4 (Extensions of criminal responsibility) and pt 2.5 (Corporate criminal responsibility).
(3) In this section:
"close associate"—see section 79.
"influential person"—see section 80.