New South Wales Consolidated Acts

BIOSECURITY ACT 2015 - SECT 175

175 Registered entity to be given opportunity to make submissions about suspension

(1) Before suspending the biosecurity registration of a registered entity, the Secretary must--

(a) give notice in writing to the registered entity of the Secretary's intention to suspend registration and the proposed grounds for doing so, and

(b) invite the registered entity to make a submission to the Secretary about the proposed suspension, and

(c) take into account any submission made to the Secretary by the registered entity before the deadline for the making of a submission.

(2) The Secretary is to specify a deadline for the making of a submission to the Secretary about a proposed suspension that is at least 30 days after notice of the proposed suspension is given to the registered entity.

(3) The Secretary is not required to give notice under this section of a proposed suspension if the Secretary is of the opinion that the suspension is required urgently because of the biosecurity impact of the registrable dealing being carried out by the registered entity or in the case of an emergency.

(4) However, if the Secretary suspends biosecurity registration without giving prior notice to the registered entity, the Secretary must--

(a) give the registered entity notice in writing of the grounds for the suspension, and

(b) invite the registered entity to make a submission to the Secretary about the suspension by a specified deadline (being at least 30 days after the notice is given to the registered entity).

(5) If the registered entity makes a submission to the Secretary about the suspension before the specified deadline, the Secretary must--

(a) decide whether the suspension should be revoked or continued, having regard to that submission, and

(b) give notice in writing of that decision to the registered entity.