59Disciplinary action against licensee

#### 59 Disciplinary action against licensee 59 Disciplinary action against licensee > > (1) In this section— > > > > disciplinary action means— > > > > > (a) for a licensee— > > > > > > > (i) the service of a written notice on the licensee censuring the licensee for action specified in the notice, or > > > > > > > (ii) suspension of the licensee’s licence for a specified period, or > > > > > > > (iii) cancellation of the licensee’s licence and a prohibition on being granted a licence for a specified period, or > > > > > (b) for a former licensee— > > > > > > > (i) the service of a written notice on the former licensee censuring the former licensee for action specified in the notice, or > > > > > > > (ii) a prohibition on being granted a licence for a specified period. > > > > grounds for disciplinary action means any of the following grounds— > > > > > (a) for a licensee— > > > > > > > (i) the licensee’s licence was improperly obtained because, at the time the licence was granted, there were grounds for refusing to grant it, or > > > > > > > (ii) the licensee has been convicted of an offence against this Act, or > > > > > > > (iii) the licensee has been convicted of an offence, whether or not in New South Wales, punishable on conviction by imprisonment for 3 months of more, whether or not in addition to a fine, or > > > > > > > (iv) the licensee has contravened a condition of the licence, or > > > > > > > (v) the licensee has failed to provide information the licensee is required by this Act to provide or has provided information knowing it to be false or misleading in a material particular, or > > > > > > > (vi) the licensee has become bankrupt, applied to take the benefit of a law relating to bankrupt or insolvent debtors, has compounded with the licensee’s creditors or made an assignment of the licensee’s remuneration for the creditors’ benefit, or > > > > > > > (vii) in the NICC’s opinion the licensee is otherwise not a suitable person to be the holder of the licence, > > > > > (b) for a former licensee— > > > > > > > (i) the licence was improperly obtained because at the time the licence was granted there were grounds for refusing to grant it, or > > > > > > > (ii) the former licensee was, while a licensee, convicted of an offence against this Act, or > > > > > > > (iii) the former licensee was, while a licensee, convicted of an offence, whether or not in New South Wales, punishable on conviction by imprisonment for 3 months or more, whether or not in addition to a fine, or > > > > > > > (iv) the former licensee, while a licensee, contravened a condition of the licence, or > > > > > > > (v) the former licensee, while a licensee, failed to provide information the former licensee was required by this Act to provide or provided information knowing it to be false or misleading in a material particular, or > > > > > > > (vi) the former licensee, while a licensee, became bankrupt, applied to take the benefit of a law relating to bankrupt or insolvent debtors, compounded with the former licensee’s creditors or made an assignment of the former licensee’s remuneration for the creditors’ benefit. > > > > former licensee means a person who held but not longer holds a licence. > > > (2) The NICC may make such inquiries as it thinks fit into the question of whether there are grounds for disciplinary action against a licensee or former licensee. > > > (3) If as a consequence of such an inquiry the NICC proposes to take disciplinary action against the licensee or former licensee— > > > > > (a) the NICC is to give the licensee or former licensee notice of the proposal and at least 14 days to make submissions to the NICC on the matter, and > > > > > (b) the NICC may by written direction to the licensee or former licensee suspend the licensee’s licence for a maximum period of 90 days pending the NICC’s decision on the matter and may revoke any such suspension. > > > (4) The NICC is to consider the results of its inquiries and any submissions made by the licensee or former licensee within the time allowed and is to decide whether to take disciplinary action against the licensee or former licensee. > > > (5) If the NICC decides that there are grounds for disciplinary action against a licensee or former licensee, the NICC may take the action and does so by giving notice in writing of the action to the licensee or former licensee. Disciplinary action takes effect when the notice is given or on a later date specified in the notice. > > > (6) Disciplinary action may be taken against a person whether or not the person has been prosecuted, convicted or penalised for any offence that is the grounds for the action. > > > (7) The NICC is not to take action under this section unless a member of the NICC who is or has been a Judge, or is an Australian lawyer of at least 7 years’ standing, is present at the meeting of the NICC at which the decision to take the action is made. > > > (8) The NICC is not required to give reasons for its decision to take disciplinary action against a licensee or former licensee under this section but may give reasons if it thinks fit. > > > (9) The NICC is to notify the Commissioner of Police of any disciplinary action taken against a licensee under this section if the NICC is aware that the licensee is the holder of a licence under the [Security Industry Act 1997](/view/html/inforce/current/act-1997-157). > > **s 59:** Am 1995 No 56, Sch 1 \[3\]; 1999 No 94, Sch 4.78 \[1\]; 2001 No 27, Sch 1 \[10\]–\[13\]; 2006 No 30, Sch 9.4; 2010 No 16, Sch 1 \[14\]; 2018 No 8, Sch 1 \[12\]; 2022 No 36, Sch 1\[46\] \[47\]; 2023 No 35, Sch 1.3\[6\].