Biosecurity Act 2019

Before suspending an individual permit, a relevant decision-maker must – give written notice to the permit holder of the relevant decision-maker’s intention to suspend the permit and the proposed grounds for doing so; and invite the permit holder to make a submission about the proposed suspension to the relevant decision-maker within the specified period.

For the purposes of subsection (1)(b), the specified period is not to be a period that is less than 28 days from the date the notice is given to the permit holder under that subsection.

Despite subsection (1), the relevant decision-maker is not required to give notice under this section of a proposed suspension of an individual permit – if the relevant decision-maker is of the opinion that the suspension is required urgently because of the biosecurity impact of the conduct authorised by the permit; or in an emergency.

However, if the relevant decision-maker suspends a permit under this section without giving prior notice to the permit holder, the relevant decision-maker must – give the permit holder written notice of the grounds for the suspension; and invite the permit holder to make a submission about the suspension to the relevant decision-maker within the period specified in the written notice given under paragraph (a).

If the permit holder makes a submission about a proposed suspension to the relevant decision-maker before the specified deadline, the relevant decision-maker must – decide whether the suspension should be revoked or continued, having regard to that submission; and give written notice of that decision to the permit holder.