Australian Capital Territory Numbered Regulations

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PUBLIC HEALTH REGULATIONS 2000 (2000 NO 1) - REG 85

Suspension and cancellation of registration

(1)     The Minister may suspend the registration of a private hospital in any of the following circumstances:

        (a)     the proprietor, or an employee of the proprietor, breaches these regulations;

        (b)     the proprietor, or an employee of the proprietor, gives or offers to give advice or services to another person to assist—

              (i)     that other person entering into a commercial substitute parent agreement; or

              (ii)     that other person inducing a person to enter into a substitute parent agreement; or

              (iii)     a person who is a party to a commercial substitute parent agreement becoming pregnant;

        (c)     if, in the opinion of the Minister, it is in the public interest to do so.

(2)     If the Minister suspends the registration of a private hospital, the Minister must give written notice to the proprietor of the grounds of suspension, including details of the proprietor's right to object under this regulation.

(3)     A person who has been served with a notice of suspension may object by written notice given to the Minister.

(4)     A notice of objection must set out the grounds on which the objection is based.

(5)     A notice of objection must be given to the Minister within 28 days after the date of service of the notice of suspension.

(6)     The Minister may, after considering any objection made under this regulation, cancel the registration of the proprietor.

(7)     If the Minister cancels the registration of a private hospital, the Minister must give written notice to the proprietor of the grounds of cancellation.

(8)     For subregulation (1)—

commercial substitute parent agreement —see the Substitute Parent Agreements Act 1994 , section 3.
substitute parent agreement —see the Substitute Parent Agreements Act 1994 , section 3.

Note : The Substitute Parent Agreements Act 1994 defines commercial substitute parent agreement and substitute parent agreement as follows:

commercial substitute parent agreement means a substitute parent agreement under which a person agrees to make or give to someone else a payment or reward, other than for or on account for expenses connected with—

        (a)     a pregnancy (including trying to become pregnant) under the agreement; or

        (b)     the birth or care of a child born as a result of that pregnancy.

substitute parent agreement means a contract, agreement, arrangement or understanding under which—

        (a)     a person agrees to become, or to attempt to become, pregnant and a child born as a result of the pregnancy is to be taken to be (whether by adoption, agreement or otherwise) the child of another person; or

        (b)     a person who is pregnant agrees that a child born as a result of the pregnancy is to be taken to be (whether by adoption, agreement or otherwise) the child of another person.


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