59Cancellation of temporary licence

#### 59 Cancellation of temporary licence Minister to give show cause notice (1) If the Minister believes on reasonable grounds that a condition of a temporary licence has been contravened, the Minister may give a written notice (a show cause notice) to the holder of the licence. > Note: The Minister may also give a show cause notice if the Minister considers that a temporary licence is being used inappropriately, see section 63. (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 temporary 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 temporary 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 temporary 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.