Queensland Numbered Acts

ASSISTED REPRODUCTIVE TECHNOLOGY ACT 2024 - SECT 63

63 Prohibition notices

(1) The chief executive may issue a notice (a
"prohibition notice" ) to a person if the chief executive reasonably believes that the person should be prohibited from providing ART services, or stated ART services, because—

(a) the person has contravened a condition of the person’s licence; or

(b) the person has contravened this Act or any ART related legislation; or

(c) the provision of ART services, or those stated ART services, by the person is a risk to the health, safety or welfare of persons to whom the ART services are provided or of persons born as a result of the provision of the ART services.

(2) A prohibition notice may be issued to any person, including to a licensed provider.

(3) A prohibition notice that is limited to stated ART services may be limited to ART services—

(a) of a stated kind; or

(b) provided at or from stated premises or premises in a stated area; or

(c) provided to or by stated persons.

(4) A prohibition notice must state the following—

(a) that it is a prohibition notice under this Act;

(b) the name of the person to whom it is issued;

(c) that it applies to ART services of any kind or only stated services;

(d) that the prohibition notice has effect until it is revoked by the chief executive.

(5) The chief executive must, when issuing a prohibition notice to a person, give the person an information notice about the decision to issue the prohibition notice, whether in the same or in a separate document.

(6) The chief executive may, by notice to a person—

(a) limit the ART services provided by the person to which a prohibition notice applies; or

(b) revoke a prohibition notice issued to the person.

(7) A person may apply to the chief executive for the revocation of a prohibition notice issued to the person because the reasons for the issue of the notice do not or no longer justify the prohibition.

(8) The chief executive may revoke the prohibition notice or refuse the application for the revocation of the prohibition notice.

(9) The chief executive must, as soon as practicable after refusing an application for the revocation of a prohibition notice, give the person an information notice about the decision to refuse the application.

(10) If a licensed provider is prohibited by a prohibition notice from providing stated ART services, the prohibition becomes a condition of the provider’s licence.

(11) The chief executive may issue a prohibition notice to an associated entity of a corporation because of a contravention by, or other conduct of, the corporation or another associated entity of the corporation.

(12) In this section—

"licensed provider" , in the case of a corporation, includes an associated entity of the corporation.