Document ID: chunk:federal_register_of_legislation:F2020L01035:reg:9:p1
Version: federal_register_of_legislation:F2020L01035
Segment Type: reg
Provision Reference: reg 9 (pt 1/3)
Character Range: 7500–10277

9  Disqualification periods
 (1) Where a Committee has dealt with a practitioner under subsection 124F(2) of the Act and is of the opinion that a determination of disqualification should be made against the practitioner, the Committee shall have regard to the presumptions set out in subsections 9(2) to (8).
 (2) Where the practitioner:
 (a) has been convicted of a relevant offence which is an offence of strict liability; or
 (b) has been ordered by the Federal Court to pay a pecuniary penalty order for a relevant civil contravention; and
 (c) has not previously been:
 (i) convicted of a relevant offence; or
 (ii) ordered by the Federal Court to pay a pecuniary penalty order for a relevant civil contravention;
       then disqualification for a period not exceeding 6 months would be appropriate.
 (3) Where the practitioner:
 (a) has been convicted of a relevant offence which is an offence of strict liability; or
 (b) has been ordered by the Federal Court to pay a pecuniary penalty order for a relevant civil contravention; and
 (c) has previously been:
 (i) convicted of a relevant offence; or
 (ii) ordered by the Federal Court to pay a pecuniary penalty order for a relevant civil contravention; and
 (d) has not previously been disqualified by a Committee;
       then disqualification for a period of at least 3 months but not exceeding 2 years would be appropriate.
 (4) Where the practitioner:
 (a) has been convicted of a relevant offence which is not an offence of strict liability; and
 (b) has not previously been convicted of a relevant offence;
       then disqualification for a period of at least 6 months but not exceeding 3 years would be appropriate.
 (5) Where the practitioner:
 (a) has been convicted of a relevant offence which is not an offence of strict liability;
 (b) has previously been convicted of a relevant offence; and
 (c) has not previously been disqualified by a Committee;
       then disqualification for at least twelve months would be appropriate.
 (6) Where the practitioner:
 (a) has been convicted of a relevant offence which is an offence of strict liability; or
 (b) has been ordered by the Federal Court to pay a pecuniary penalty order for a relevant civil contravention; and
 (c) has on one or more occasions been disqualified by a Committee;
       then disqualification for at least twelve months would be appropriate.
 (7) Where the practitioner:
 (a) has been convicted of a relevant offence which is not an offence of strict liability; and
 (b) has on one or more occasions been disqualified by a Committee;
       then disqualification for at least 2 years would be appropriate.

        (8) A practitioner is entitled to be heard on why any presumption as to the period of disqualification that would otherwise