National Health Act 1953

The Secretary may suspend or revoke an approval under section 84AAB if satisfied that the optometrist to whom the approval relates:

does not, at the time of the suspension or revocation, meet the criteria that would apply if the optometrist were to apply under subsection 84AAB(1) to be an authorised optometrist at that time; or

has breached a condition to which the approval is subject under paragraph 84AAB(3)(b); or

has breached a condition to which an approval would be subject under paragraph 84AAB(3)(b) if the person were to apply under subsection 84AAB(1) to be an authorised optometrist at that time.

Before deciding to suspend or revoke the approval, the Secretary must notify the optometrist that suspension or revocation is being considered. The notice must:

be in writing; and

include the Secretary’s reasons for considering the suspension or revocation; and

invite the optometrist to make written submission to the Secretary within the period of 28 days (the submission period) after being given the notice.

In deciding whether to suspend or revoke the approval, the Secretary must consider any written submissions made by the optometrist during the submission period.

The Secretary must give to the optometrist written notice of the decision. If the decision is to suspend an approval, the notice must specify the period for which the approval is suspended.

Section 266 of the Administrative Review Tribunal Act 2024 requires the person to be notified of the person’s review rights.

If the Secretary does not give the optometrist written notice of the decision within the period of 60 days after the end of the submission period, the Secretary is taken to have decided not to suspend or revoke the approval.

If the Secretary suspends the approval, the Secretary may, by written notice at any time, further suspend or revoke the approval under subsection (1) or remove the suspension.