35Suspending or cancelling licences

35 Suspending or cancelling licences

Discretionary power to suspend or cancel licence (1) The Regulator may, by notice in writing given to the licence holder, suspend or cancel a licence if: (a) a condition of the licence has been breached, whether by the licence holder or by a person authorised by the licence; or (b) the Regulator believes on reasonable grounds that the licence holder, or a person authorised by the licence, has: (i) committed an offence against this Act; or (ii) contravened a civil penalty provision of this Act; or (c) the licence was obtained improperly. (2) A licence may be suspended or cancelled under subsection (1): (a) on written application by the licence holder; or (b) on the Regulator’s own initiative. Requirement to suspend licence (3) The Regulator must, by notice in writing given to the licence holder, suspend a licence if the Regulator is satisfied that the suspension is necessary for the purpose of: (a) protecting human life; or (b) ensuring nuclear safety; or (c) dealing with an emergency involving a serious threat to the environment. Special provisions for suspending licences (4) A licence may be suspended under subsection (1) or (3) wholly or to the extent specified in writing by the Regulator. (5) A suspension: (a) comes into force on the day specified by the Regulator in writing or, if no day is so specified, on the day the licence holder is notified in writing of the suspension; and (b) remains in force until: (i) the end of the period specified in writing by the Regulator, which must not exceed the period prescribed by the regulations; or (ii) if no period is specified—the end of the period prescribed by the regulations; unless it is cancelled or surrendered earlier. (6) A period referred to in subparagraph (5)(b)(i) may be specified by reference to the fulfilment of a requirement or condition specified by the Regulator. Instruments are not legislative instruments (7) A specification under subsection (5) is not a legislative instrument.