Australian Capital Territory Numbered Acts

DANGEROUS SUBSTANCES ACT 2004 (NO. 7 OF 2004) - SECT 72

    (1)     If the chief executive takes disciplinary action against a licensee or former licensee, the chief executive may publish the following information in a way that the chief executive considers appropriate:

        (a)     particulars that allow the public to identify the licensee or former licensee;

        (b)     details of the disciplinary action;

        (c)     an outline of why the disciplinary action was taken;

        (d)     any other information in relation to the disciplinary action and the safety of the dangerous substance concerned that the chief executive considers appropriate.

Examples of publication

1     a press release

2     an article in a document published by the Territory or a Territory authority

3     an advertisement in a newspaper circulating in the ACT

Examples for par (a)

1     the licensee's name and ACN (if any)

2     any name (and, if relevant, ACN) used in the past by the licensee

3     the licensee's current and previous business addresses

Note     An example is part of the regulations, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (2)     However, the information may be published only if—

        (a)     the time for any review or appeal in relation to the disciplinary action has ended and no application for review or appeal has been made; or

        (b)     an application for review or appeal has been made and—

              (i)     the application is withdrawn, struck out or discontinued or lapses; or

              (ii)     the disciplinary action is confirmed on review and the time for appeal has ended without an application for an appeal being made.

    (3)     If the disciplinary action is set aside on review or appeal, the information must not be published.

    (4)     If the disciplinary action is changed on review or appeal (for example, different disciplinary action is substituted), this section applies in relation to the action as changed.

    (5)     For the Civil Law (Wrongs) Act 2002 , section 128 (Publication of a proceeding of public concern)—

        (a)     the disciplinary action is taken to be a proceeding of public concern; and

        (b)     the information published by the chief executive under this section about the disciplinary action is taken to be a fair report of a proceeding of public concern.