Victorian Numbered Acts

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RADIATION ACT 2005 (NO 62 OF 2005) - SECT 60

Suspension or cancellation

    (1)     If, after considering any representations made under section 58, the Secretary believes that a ground exists to suspend or cancel the authority and that a suspension or cancellation of the authority is warranted, the Secretary may—

        (a)     if the proposed action stated in the show cause notice under section 57(1) was to suspend the authority for a period specified in the show cause notice, decide to suspend the authority for not longer than the stated period; or

        (b)     if the proposed action stated in the show cause notice was to cancel the authority, decide to either cancel the authority or suspend it for a period.

    (2)     On suspending or cancelling an authority under sub-section (1), the Secretary must—

        (a)     notify the authority holder and the relevant practitioner registration board of—

              (i)     the decision to suspend or cancel the authority; and

              (ii)     the day on which the suspension or cancellation is to take effect; and

        (b)     notify the authority holder about how the authority holder may seek review of the Secretary's decision; and

        (c)         give the authority holder a statement of reasons for the suspension or cancellation of the authority.

    (3)     A notification to the authority holder under sub-section (2)(a) and (b) and a statement of reasons under sub-section (2)(c) must be—

        (a)     in writing; and

        (b)     given to the authority holder as soon as practicable after the authority holder's authority is suspended or cancelled.

    (4)     The day on which a suspension or cancellation takes effect may be—

        (a)     the day on which the authority holder is notified under sub-section (2); or

        (b)     a later day the authority holder is notified of under that sub-section.

    (5)     In this section—

"relevant practitioner registration board" means, in relation to an authority holder who is—

        (a)     a registered practitioner within the meaning of the Chinese Medicine Registration Act 2000 —the Chinese Medicine Registration Board of Victoria established under Part 6 of that Act;

        (b)     a registered chiropractor within the meaning of the Chiropractors Registration Act 1996 —the Chiropractors Registration Board of Victoria established under Part 6 of that Act;

        (c)     a registered dental care provider within the meaning of the Dental Practice Act 1999 —the Dental Practice Board established under Part 6 of that Act;

        (d)     a registered medical practitioner within the meaning of the Medical Practice Act 1994 —the Medical Practitioners Board of Victoria established under Part 6 of that Act;

        (e)     a medical imaging technologist, a radiation therapy technologist or a nuclear medicine technologist— the Medical Radiation Technologists Board of Victoria established under section 108AL of the Health Act 1958 ;

        (f)     a registered nurse within the meaning of the Nurses Act 1993 —the Nurses Board of Victoria established under Part 6 of that Act;

        (g)             a registered optometrist within the meaning of the Optometrists Registration Act 1996 —the Optometrists Registration Board of Victoria established under Part 6 of that Act;

        (h)             a registered osteopath within the meaning of the Osteopaths Registration Act 1996 —the Osteopaths Registration Board of Victoria established under Part 6 of that Act;

              (i)     a registered pharmacist within the meaning of the Pharmacy Practice Act 2004 —the Pharmacy Board of Victoria established under Part 7 of that Act;

        (j)     a registered physiotherapist within the meaning of the Physiotherapists Registration Act 1998 —the Physiotherapists Registration Board of Victoria established under Part 6 of that Act;

        (k)     a registered podiatrist within the meaning of the Podiatrists Registration Act 1997 —the Podiatrists Registration Board of Victoria established under Part 6 of that Act;

        (l)         a registered veterinary practitioner within the meaning of the Veterinary Practice Act 1997 —the Veterinary Practitioners Registration Board of Victoria established under Part 6 of that Act.



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