Western Australian Current Acts

PUBLIC HEALTH ACT 2016 - SECT 71

71 .         Variation of conditions, suspension or cancellation of registration

        (1)         The appropriate enforcement agency, either on its own initiative or on the application of the holder of the certificate of registration, may vary the conditions of, suspend or cancel the registration of a registrable activity registered by the agency in respect of any premises under this Division.

        (2)         The registration of a registrable activity in respect of any premises may be suspended or cancelled on any grounds prescribed by the regulations or on any of these grounds —

            (a)         the registration has been obtained by fraud or misrepresentation;

            (b)         the holder of the certificate of registration has been convicted of an offence under this Act or a corresponding public health law;

            (c)         the holder of the certificate of registration has failed to comply with a code of practice prescribed by the regulations in respect of the registrable activity that is registered in respect of those premises;

            (d)         if the appropriate enforcement agency is a local government, any annual or other fee imposed by the agency in relation to the registration of the registrable activity in respect of those premises has not been paid by the time the agency requires the payment to be made;

            (e)         in a case where paragraph (d) does not apply, any annual or other fee prescribed by the regulations in relation to the registration of the registrable activity in respect of those premises has not been paid by the time the regulations require the payment to be made;

            (f)         any condition to which the registration of the registrable activity is subject has not been complied with;

            (g)         the registrable activity has ceased to be carried on at those premises;

            (h)         the holder of the certificate of registration has applied for the suspension or cancellation.

        (3)         The appropriate enforcement agency may vary the conditions of, suspend or cancel the registration of a registrable activity in respect of any premises only —

            (a)         after having given the holder of the certificate of registration —

                  (i)         written reasons for the agency’s intention to vary, suspend or cancel; and

                  (ii)         an opportunity to make submissions;

                and

            (b)         after having considered any submissions made by that person.

        (4)         Subsection (3) does not apply to the variation of the conditions, or the suspension or cancellation, of the registration in accordance with an application by the holder of the certificate of registration for the variation, suspension or cancellation.

        (5)         A variation of the conditions, or the suspension or cancellation, of the registration of a registrable activity in respect of any premises —

            (a)         must be by written notice; and

            (b)         must be served on the holder of the certificate of registration; and

            (c)         takes effect on the day on which the notice is served or on a later day specified in the notice.