Cemeteries Local Law 2018
3170GOVERNMENT GAZETTE, WA 4 September 2018
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3170 GOVERNMENT GAZETTE, WA 4 September 2018 8.11 Suspension of licence (1) The local government may, subject to clause 8.12, by written notice given to the licensee, suspend a licence if there are reasonable grounds for believing that— (a) the licensee has contravened a term or condition of a licence; (b) the licensee has contravened a provision of this local law; or (c) the continued provision of the activity authorised by the licence constitutes or will constitute an unacceptable risk to the safety, health or welfare of the public. (2) The suspension notice must— (a) state the day, or the day and time, on or at which the suspension takes effect; (b) state the reasons for the local government’s decision to suspend the licence; and (c) where appropriate, indicate what steps need to be taken to ensure that there is compliance with the relevant provision, term or condition or that there is no longer a risk as described in subclause (1)(c); and (d) inform the licensee that the licensee has a right to apply under the Act for a review of the local government’s decision to suspend the licence. 8.12 Proposed suspension (1) If the local government proposes to suspend a licence under clause 8.11(1)(a), the local government must give written notice to the licensee of the proposed suspension. (2) The notice must— (a) state that the local government proposes to suspend the licence; (b) state the reasons for the proposed suspension; and (c) inform the licensee that the licensee is entitled to make representation to the local government in respect of the proposed suspension within 7 days after the day on which the licensee is given the notice. (3) In considering whether to suspend the licence, the local government must have regard to any representations made by the licensee within the period referred to in subclause (2)(c). 8.13 Revocation of suspension (1) The local government must, by written notice given to the licensee revoke the suspension of a licence if the local government is satisfied that the steps specified in the suspension notice have been taken. (2) The local government may, by written notice given to the licensee, revoke the suspension of the licence if it is appropriate to do so in the circumstances of a particular case. 8.14 Period of suspension The suspension of a licence has effect on the day, or the day and time, specified in the suspension notice until one of the following happens— (a) the suspension is revoked under clause 8.13; (b) the licence is cancelled under clause 8.15 or expires; or (c) the licence is surrendered in accordance with the provisions of this local law. 8.15 Cancellation of licence A licence may be cancelled by the local government if— (a) the licence was obtained improperly; (b) the licensee has persistently or frequently contravened a term or condition of the licence, or a provision of this local law, whether or not the licence is or has been suspended on the grounds of a contravention; or (c) there are reasonable grounds for believing that the continued provision of the activity constitutes or would constitute an unacceptable risk to the safety of the public, whether or not the licence has been suspended on the grounds of that risk. 8.16 Surrender of licence A licensee may, at any time by notice in writing to the local government, surrender the licence. Division 3—Responsibilities of licensees and others 8.17 Production of licence A licensee must produce to an authorised person her or his licence immediately after being required to do so by that authorised person. 8.18 Production of licence document for amendment If the local government amends or renews a licence, the licensee must, if required by the local government, produce the licence document to the local government for amendment within the period specified by the local government. 8.19 Advertising A person must not advertise, or otherwise hold out in any way, that the person conducts a commercial activity in any public place unless that person holds a licence authorising that commercial activity.