South Australian Numbered Acts

HEALTH CARE ACT 2008 (NO 3 OF 2008) - SECT 86

86—Surrender, suspension and cancellation of licences

        (1)         The holder of a licence under this Part may, at any time, surrender the licence (and the licence then ceases to be of force or effect).

        (2)         The Minister may, after giving 30 days notice in writing to the holder of a licence to show cause why the licence should not be suspended or cancelled, suspend or cancel the licence, if the Minister is satisfied—

            (a)         that the grant or transfer of the licence was obtained improperly; or

            (b)         that the holder of the licence has contravened, or failed to comply with, a provision of this Act or a condition of the licence.

        (3)         If the Minister suspends a licence, the Minister may order that the suspension be for a specified period or until the fulfilment of stipulated conditions or until further order.

        (4)         If the Minister cancels a licence, the Minister may order that the cancellation have effect at a specified future time and impose conditions as to the provision of health services in pursuance of the licence until that time.

        (5)         If a condition is imposed in relation to a licence under subsection (4), the holder of the licence must not contravene, or fail to comply with, the condition.

Maximum penalty: $60 000.

        (6)         A licence—

            (a)         that is suspended under subsection (2) ceases to be of force or effect for the period of the suspension; or

            (b)         that is cancelled under that subsection ceases to be of force or effect.