Australian Capital Territory Numbered Acts

CEMETERIES AND CREMATORIA ACT 2020 (NO. 7 OF 2020) - SECT 70

    (1)     The regulator may suspend a licence to operate a facility immediately if the regulator believes on reasonable grounds that—

        (a)     the licensee has engaged in disciplinary conduct; and

        (b)     there is a danger to public health as a result of the conduct.

    (2)     The regulator must tell the licensee, in writing, that the regulator is suspending the licence starting immediately and the reasons for the suspension.

Note     For what must be included in a statement of reasons, see the Legislation Act

, s 179.

    (3)     The suspension starts when the regulator tells the licensee about the suspension.

    (4)     If the regulator takes other disciplinary action under section 71 in relation to the disciplinary conduct, the suspension ends on the earlier of—

        (a)     the day when the other disciplinary action starts; and

        (b)     30 days after the day the regulator tells the licensee of the suspension.

    (5)     If the regulator does not take other disciplinary action under section 71 in relation to the disciplinary conduct, the suspension ends on the earlier of—

        (a)     the day when the licensee is given written notice of the regulator's decision not to take disciplinary action; and

        (b)     30 days after the day the immediate suspension notice is given to the licensee.

Note     A decision under this section is a reviewable decision (see s 125).

    (6)     During the suspension the licensee is—

        (a)     taken not to have a licence to operate the facility; and

        (b)     disqualified from applying for a licence to operate a facility.