Document ID: chunk:federal_register_of_legislation:C2024C00639:section:133
Version: federal_register_of_legislation:C2024C00639
Segment Type: section
Provision Reference: s 133
Character Range: 201607–202722

133  Notice of proposed action must be given to third party authorised officer
 (1) The Secretary must not take action (the proposed action) under subsection 130(1), 131(1) or 132(1) in relation to a person who is a third party authorised officer unless the Secretary has given a written notice to the person in accordance with subsection (3) of this section.
 (2) Subsection (1) does not apply if the Secretary reasonably believes that the proposed action is necessary to prevent or lessen a serious and imminent threat to human or environmental health.
 (3) The notice must:
 (a) state that the Secretary is considering taking the proposed action and the reasons for the proposed action; and
 (b) request the person to give the Secretary, within 14 days after the day the notice is given to the person, a written statement showing cause why the proposed action should not be taken; and
 (c) include a statement setting out the person's right to seek review of a decision to take the proposed action.

Subdivision B—Variation, suspension and revocation on application or request by third party authorised officer