67Cancellation order

67 Cancellation order (1) On application under section 66, the ACAT may make a cancellation order for a licence if satisfied that, because of the licensee’s criminal activity, the licensee continuing to hold the licence presents an unacceptable risk to community safety. (2) For subsection (1)— (a) the ACAT must consider the need to minimise the possibility of criminal activity in the construction industry; and (b) the matters the ACAT may consider include— (i) whether the licensee has been convicted or found guilty of a relevant offence; and Cancellation orders Division 5A.1 (ii) non-conviction information about the licensee. (3) If the ACAT makes a cancellation order for a licence, the chief police officer must give a copy of the order to the registrar. non-conviction information, about a licensee, means information about whether the licensee— (a) has been charged with a relevant offence but— (i) a proceeding for the offence is not finalised; or (ii) the charge has lapsed, been withdrawn or discharged, or struck out; or (b) has been acquitted of a relevant offence; or (c) has had a conviction for a relevant offence quashed or set aside; or (d) has been served with an infringement notice for a relevant offence; or (e) has a spent conviction for a relevant offence. Note The Spent Convictions Act 2000 sets out which convictions can be spent (see that Act, s 11) and when a conviction is spent (see that Act, s 12). relevant offence means any of the following: (a) an offence punishable by imprisonment for 5 years or longer; (b) an offence against the Crimes Act 1900, section 26 (Common assault) or section 35A (1); (c) an offence involving fraud or dishonesty.