New South Wales Consolidated Acts

DESIGN AND BUILDING PRACTITIONERS ACT 2020 - SECT 65A

65A Power to suspend registration when notice to show cause served

(1) The Secretary may, by written notice to a registered practitioner, suspend the registration of the registered practitioner in accordance with Part 5 pending a determination by the Secretary of whether to take disciplinary action under this Act against the holder if--

(a) a notice to show cause has been served on the registered practitioner under section 65, and

(b) in the Secretary's opinion, there are reasonable grounds to believe that--

(i) the registered practitioner has engaged in conduct that constitutes grounds for suspension of the registration, and

(ii) it is likely the registered practitioner will continue to engage in the conduct, and

(iii) there is a danger a person or persons may suffer significant harm, or significant loss or damage, as a result of the conduct unless action is taken urgently.

(2) The Secretary may suspend a registration under this section only if satisfied that the grounds for disciplinary action specified in the notice to show cause would, if established, justify the suspension or cancellation of the registration.

(3) A suspension must not be imposed for a period of more than 60 days after the notice to show cause is served, but may, if the Secretary remains of the opinion referred to in subsection (1)(b) be extended, by written notice, for further periods of 60 days.

(4) The period of the suspension must be specified in the notice imposing the suspension.

(5) The Secretary is not required to give a person an opportunity to be heard before taking action against the person under this section.

(6) The Secretary may revoke a suspension under this section at any time by written notice to the suspended person.

(7) This section does not limit or otherwise affect another power to suspend a registration or licence under the Fair Trading Act 1987 , section 79A.