16. Revocation or suspension of licence
(1) The Minister may revoke or suspend a licence if the private adoption agency ¾
(a) is no longer a suitable person to conduct adoption services, having regard to all relevant considerations including the matters referred to in regulation 9;
(b) has contravened, or failed to comply with ¾
(i) a provision of the Act; or
(ii) the terms of the licence or a condition or restriction attached to it;
(c) had, in relation to its application for the issue or renewal of the licence, provided information in written or oral form that the agency knew to be ¾
(i) false or misleading in a material particular; or
(ii) likely to deceive in a material way.
(2) A revocation or suspension of a licence is not effective unless the Minister has ¾
(a) caused written notice of the intention to revoke or suspend the licence to be served personally or by registered post on the agency's principal officer, stating the grounds on which the revocation or suspension is to be made and allowing the agency 21 days within which to respond to the notice;
(b) considered the response of the private adoption agency made within that time; and
(c) caused written notice of the revocation or suspension to be served personally or by registered post on the agency's principal officer, stating the grounds on which the revocation or suspension is made.
(3) Despite subregulation (2), if it appears to the Minister that circumstances are of sufficient gravity to warrant the immediate suspension of a licence, the Minister may suspend the licence without complying with paragraphs (a) and (b) of that subregulation.
[Regulation 16 amended in Gazette 20 May 2003 p. 1793.]