Queensland Consolidated Regulations

NATURE CONSERVATION (ANIMALS) REGULATION 2020 - REG 275

275 Procedure

(1) If the chief executive proposes to suspend or cancel an animal authority (the
"proposed action" ) under section 274 , the chief executive must give the holder of the authority notice of the following matters—

(a) the proposed action;

(b) the ground for the proposed action under section 274 ;

(c) an outline of the facts and circumstances forming the basis for the ground;

(d) if the proposed action is to suspend the authority—the proposed suspension period;

(e) an invitation to make written representations, within a stated period of at least 20 business days after the notification is given, about why the proposed action should not be taken.

(2) If, after considering any written representations made within the stated period, the chief executive still considers the ground to take the proposed action exists, the chief executive may decide—

(a) if the proposed action was to suspend the authority—to suspend it for not longer than the proposed suspension period; or

(b) if the proposed action was to cancel the authority—either to cancel it or to suspend it for a period.

(3) If the chief executive decides to suspend or cancel the authority the chief executive must give the holder an information notice for the decision.

(4) The suspension or cancellation of the authority takes effect on the later of the following days—

(a) the day when the information notice is given to the holder;

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

(5) If the chief executive decides to suspend the authority, the suspension continues until the end of the suspension period.

(6) If the chief executive decides not to take the proposed action, the chief executive must as soon as practicable after making the decision give the holder notice of the decision.

(7) Despite subsection (3) , if an animal authority is cancelled because of the conviction of a person for an offence and the conviction is quashed, the cancellation stops having effect.

(8) Despite subsections (3) and (4) , if an animal authority is suspended because of the conviction of a person for an offence and the conviction is quashed, the suspension period ends on the day the conviction is quashed.