25Cancellation of general licence

25 Cancellation of general licence

Minister to give show cause notice (1) If the Minister believes on reasonable grounds that a condition of a general licence has been contravened, the Minister may give a written notice (a show cause notice) to the holder of the licence. (2) The show cause notice must: (a) state the grounds on which the notice is given; and (b) invite the holder of the licence to give the Minister, within 10 business days after the day the notice is given, a written statement showing cause why the licence should not be cancelled. Minister may decide to cancel licence (3) If the Minister: (a) has given a show cause notice under subsection (1) to the holder of a general licence; and (b) after considering any written statement given in accordance with the show cause notice, is satisfied that a condition of the licence has been contravened; the Minister may cancel the licence.

Note: Section 107 provides that an application may be made to the Administrative Review Tribunal for review of a decision by the Minister to cancel a general licence.

(4) The Minister must give written notice of the cancellation to the holder of the licence. The notice must set out: (a) the day the cancellation takes effect; and (b) the reasons for the cancellation; and (c) the effect of subsection (5). Holder of licence to return cancelled licence (5) The holder of a general licence contravenes this subsection if: (a) the licence is cancelled under this section; and (b) the holder of the licence does not return the licence to the Minister within 10 business days after the day the cancellation takes effect.

Civil penalty:

(a) for an individual—50 penalty units; and
(b) for a body corporate—250 penalty units.

Show cause notice not a legislative instrument (6) A show cause notice given under subsection (1) is not a legislative instrument.