Queensland Numbered Acts

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PUBLIC HEALTH (MEDICINAL CANNABIS) ACT 2016 - SECT 164

Notice required for making recall order

164 Notice required for making recall order

(1) The chief executive must do the following before making the recall order—
(a) give notice to the responsible person for the order that the chief executive intends to make the order and the reasons for making the order;
(b) give the responsible person a copy of the proposed order;
(c) invite the responsible person to show cause why the chief executive should not make the proposed order.
(2) However, if the chief executive reasonably considers the recall order must be made immediately to prevent significant and imminent harm to a person, the chief executive may make the order without complying with subsection (1).
(3) If subsection (2) applies, the chief executive must do the following as soon as practicable, and no later than 48 hours, after the recall order is made—
(a) give a copy of the order to the responsible person for the order;
(b) advise the responsible person by notice about the reasons for making the order;
(c) invite the responsible person to show cause why the chief executive should revoke the order.
(4) A responsible person for a recall order may make written submissions to the chief executive within 7 days after receiving the notice, or notice and order, from the chief executive.
(5) The chief executive must consider any written submissions made by the responsible person under subsection (4) before making, or deciding whether to revoke, the recall order.



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