40A Suspension of facility approval

(1)

The Director-General may suspend an approval given under section 39 if the Director-General has reasonable grounds to believe that an applicable standard has not been complied with.

(2)

The maximum period of the suspension is 3 months.

(3)

The Director-General may extend the period of a suspension if the Director-General has reasonable grounds to believe that the non-compliance with the applicable standard has not been rectified.

(4)

The period of extension must not exceed 3 months.

(5)

The Director-General must lift a suspension or extension before its period ends if the Director-General has reasonable grounds to believe that the non-compliance occasioning the suspension has been rectified.

(6)

In exercising a power under subsections (1) to (5), the Director-General must observe the rules of natural justice.

(7)

The maximum total period of suspension under this section is 6 months.

(8)

At the end of the maximum total period of suspension, the Director-General may cancel the approval if the Director-General has reasonable grounds to believe that the non-compliance occasioning the suspension has not been rectified.

Section 40A: inserted, on 18 September 2012, by section 35 of the Biosecurity Law Reform Act 2012 (2012 No 73).