Document ID: chunk:federal_register_of_legislation:C2017A00131:clause:1_73zn:p2
Version: federal_register_of_legislation:C2017A00131
Segment Type: clause
Provision Reference: sch 1 cl 73ZN (pt 2/2)
Character Range: 76271–77334

(7) The Commissioner may only make a banning order against a person after giving the person an opportunity to make submissions to the Commissioner on the matter.
 (8) However, subsection (7) does not apply if the Commissioner's grounds for making the banning order are, or include, the following:
 (a) that there is an immediate danger to the health, safety or wellbeing of a person with disability;
 (b) that the Commissioner has revoked the registration of the person as a registered NDIS provider.
 (9) The Commissioner must:
 (a) give the banning order to the person against whom the order is made; and
 (b) include in the banning order a statement of reasons for the order; and
 (c) if the banning order is against a person who is employed or otherwise engaged by an NDIS provider—notify the NDIS provider of the order as soon as possible.

Civil penalty
 (10) A person contravenes this subsection if:
 (a) the person engages in conduct; and
 (b) the conduct breaches a banning order that has been made against the person.
Civil Penalty: 1,000 penalty units.