Queensland Consolidated Regulations

HEALTH (DRUGS AND POISONS) REGULATION 1996 - REG 24

24 Procedure for suspension or cancellation of endorsement

(1) If the chief executive considers there is a ground to suspend or cancel an endorsement (the
"proposed action" ), the chief executive may give the holder of the endorsement (the
"endorsement holder" ) a written notice that—

(a) states the proposed action; and

(b) states the grounds for the proposed action; and

(c) outlines the facts and circumstances forming the basis for the grounds; and

(d) if the proposed action is suspension of the endorsement—states the proposed suspension period; and

(e) invites the endorsement holder to show, in writing and within a stated time of at least 28 days, why the proposed action should not be taken.

(2) The notice must state whether the proposed action relates to—

(a) all controlled drugs, restricted drugs, poisons or activities permitted under the endorsement; or

(b) a stated controlled drug, restricted drug or poison or a stated activity permitted under the endorsement.

(3) If, after considering all written representations made within the stated time, the chief executive still considers there is a ground to take the proposed action, the chief executive may—

(a) if the proposed action was to suspend the endorsement for all controlled drugs, restricted drugs, poisons or activities permitted under the endorsement for a stated period—suspend the endorsement, for not longer than the proposed suspension period, for—

(i) all controlled drugs, restricted drugs, poisons or activities permitted under the endorsement; or

(ii) a stated controlled drug, restricted drug or poison or a stated activity; or

(b) if the proposed action was to suspend the endorsement for a stated controlled drug, restricted drug or poison or a stated activity for a stated period—suspend the endorsement for the controlled drug, restricted drug, poison or activity for not longer than the proposed suspension period; or

(c) if the proposed action was to cancel the endorsement—

(i) for a stated controlled drug, restricted drug or poison or a stated activity—either cancel the endorsement, or suspend it for a stated period, for the controlled drug, restricted drug, poison or activity; or

(ii) if subparagraph (i) does not apply—either cancel the endorsement or suspend it for a stated period.

(4) Within 10 days after the chief executive makes the decision, the chief executive must give written notice of the decision to the endorsement holder.

(5) If the chief executive decides to suspend or cancel the endorsement, the notice must—

(a) be a QCAT information notice for the decision; and

(b) state the day before which the endorsement holder is not permitted to apply to the chief executive under section 26A .

(5A) The day mentioned in subsection (5) (b) must be a day the chief executive believes is reasonable having regard to the grounds for the suspension or cancellation.

(6) The decision takes effect on the later of—

(a) the day the notice is given to the endorsement holder; or

(b) the day of effect stated in the notice.

(7) However, if the endorsement is suspended or cancelled because of a conviction—

(a) the suspension or cancellation does not take effect until—

(i) the end of the time to appeal against the conviction; or

(ii) if an appeal is made against the conviction—the appeal is finally decided; and

(b) the suspension or cancellation has no effect if the conviction is quashed.