127Suspension and cancellation of licences

#### 127 Suspension and cancellation of licences (1) Subject to subsection (2), the APVMA may, by written notice given to the holder of a licence, suspend the licence for a period stated in the notice, or cancel the licence, if: (a) the APVMA is satisfied that at least one of the following persons: (i) the holder of the licence; (ii) any other person who makes, or participates in making, decisions that affect the whole, or a substantial part, of the holder’s affairs; (iii) if the holder is a body corporate—a major interest holder of the body corporate; has, within the 10 years immediately before the notice is given: (iv) given information to the APVMA in connection with an application for a licence, in response to a notice under section 159, or as required by section 160A or 161, and the information was false or misleading in a material particular; or (v) been convicted of an offence against an agvet law; or (vi) been convicted of an offence against a law of this or another jurisdiction relating to chemical products; or (vii) been convicted of an offence against a law of the Commonwealth or a law of a State or Territory involving fraud or dishonesty; or (viii) been ordered to pay a pecuniary penalty for the contravention of an agvet penalty provision; or (ix) been ordered to pay a pecuniary penalty for the contravention of another law of this or another jurisdiction relating to chemical products; or (x) been ordered to pay a pecuniary penalty for the contravention of a civil penalty provision of a law of the Commonwealth or a law of a State or Territory involving fraud or dishonesty; or (xi) contravened a condition of a manufacturing licence issued under an agvet law; or (b) the APVMA is satisfied that the holder failed, within the 5 years immediately before the notice was given, to comply with a manufacturing principle in connection with the manufacture of chemical products; or (c) any other circumstances prescribed by the regulations for the purposes of this paragraph exist; or (d) the holder has asked in writing that the licence be suspended or cancelled, as the case may be; or (e) the holder ceases to carry on the business of manufacturing the chemical products to which the licence relates; or (f) a prescribed fee in connection with the licence has not been paid. (2) If the APVMA proposes to suspend or cancel a licence except when asked to do so by the holder of the licence, the APVMA must, unless subsection (2A) applies: (a) by written notice given to the holder, set out the action that the APVMA proposes to take and the reasons for the proposed action; and (b) except if the proposed action is to be taken because of a failure to pay a prescribed fee—give the holder an opportunity to make, within a reasonable time stated in the notice, written submissions to the APVMA in relation to the proposed action. (2A) This subsection applies if the APVMA thinks that a failure to suspend or cancel the licence immediately would result in: (a) imminent risk to persons of death, serious injury or serious illness; or (b) imminent risk of unintended harm to animals, plants or things, or to the environment; or (c) imminent risk of impact on trade or commerce between Australia and places outside Australia. (3) If the holder makes written submissions in accordance with paragraph (2)(b), the APVMA must not make a decision relating to the suspension or cancellation of the licence before taking the submissions into account. (4) A licence may be cancelled even though it is suspended. (5) A notice suspending or cancelling a licence must include the reasons for the suspension or cancellation. (7) If a licence is suspended or cancelled, the APVMA may, by written notice given to the holder of the licence, revoke the suspension or cancellation. (8) If the APVMA suspends or cancels, or revokes the suspension or cancellation of, a licence, the APVMA must publish particulars of the suspension, cancellation or revocation in the Gazette, and in any other manner that it thinks appropriate, as soon as is practicable after the suspension, cancellation or revocation takes place. (9) If the cancellation of a licence is revoked, the cancellation is taken never to have occurred.