New South Wales Consolidated Acts

BIOSECURITY ACT 2015 - SECT 355

355 Permit holder to be given opportunity to make submissions about suspension

(1) Before suspending a permit, a relevant decision-maker must--

(a) give notice in writing to the permit holder of the relevant decision-maker's intention to suspend the permit and the proposed grounds for doing so, and

(b) invite the permit holder to make a submission to the relevant decision-maker about the proposed suspension, and

(c) take into account any submission made to the relevant decision-maker by the permit holder before the deadline for the making of a submission.

(2) The relevant decision-maker is to specify a deadline for the making of a submission to the relevant decision-maker about the proposed suspension that is at least 30 days after the notice is given to the permit holder.

(3) The relevant decision-maker is not required to give notice under this section of a proposed suspension--

(a) if the permit is a group permit, or

(b) if the relevant decision-maker is of the opinion that the suspension is required urgently because of the biosecurity impact of the conduct authorised by the permit, or

(c) in the case of an emergency.

(4) However, if the relevant decision-maker suspends a permit (other than a group permit) without giving prior notice to the permit holder, the relevant decision-maker must--

(a) give the permit holder notice in writing of the grounds for the suspension, and

(b) invite the permit holder to make a submission to the relevant decision-maker about the suspension by a specified deadline (which is at least 30 days after the notice is given to the permit holder).

(5) If the permit holder makes a submission to the relevant decision-maker about the suspension before the specified deadline, the relevant decision-maker 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 permit holder.