Victorian Current Acts Victorian Current Acts(1) The Secretary may cancel the registration of an ongoing declaration that has been suspended under section 17.
(2) The Secretary may cancel the registration if—
(a) more than half the period of the suspension has expired; and
(b) the Secretary is satisfied that any of the grounds upon which the suspension was based still exist.
(3) If the Secretary cancels the registration of an ongoing declaration, he or she must, within 14 days of the decision to cancel the registration, give to the person whose registration is cancelled a written notice setting out the following—
(a) that the Secretary has decided to cancel the registration;
(b) the date of the decision;
(c) the reasons why the Secretary is satisfied that the ground or grounds for suspension still exist;
(d) that the person may apply for a review of the decision under section 22A.
(4) The cancellation of the registration of an ongoing declaration takes effect on—
(a) the 28th day after the day that the person who made the declaration received notice of the cancellation under subsection (3); or
(b) if the person requests a statement of reasons for the decision under the Victorian Civil and Administrative Tribunal Act 1998 , the 28th day after the day on which the statement is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given; or
(c) if the person applies to the Victorian Civil and Administrative Tribunal for a review of the decision, the date that the Tribunal affirms the decision of the Secretary to cancel the registration.
(5) If—
(a) the Secretary cancels the registration of an ongoing declaration; and
(b) gives notice of the cancellation within the period of suspension; and
(c) the period of suspension of the registration expires before the cancellation takes effect under subsection (4)—
the suspension is to be treated as continuing to have effect until the day the cancellation takes effect.