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Consumer Affairs and Fair Trading Act 1990
267Suspension, revocation of licences and disqualification
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267 Suspension, revocation of licences and disqualification
(1) Subject to this section, the Director may:
(a) suspend a licence for the period he or she thinks fit; or
(b) revoke a licence; or
(c) disqualify a person from holding a licence for the period the
Director thinks fit or permanently.
(2) The Director may exercise a power mentioned in subsection (1):
(a) on the ground that the Director should not or should no longer
be satisfied in relation to a matter mentioned in section 259,
260 or 261 that is relevant to the licensee and, if the licence is
held by a partnership or body corporate, to the partnership
and any of the partners or to the body and any of the body's
officers; or
Consumer Affairs and Fair Trading Act 1990 103
(b) on the ground that a person (other than the Director)
mentioned in paragraph (a) has contravened:
(i) a provision of this Part; or
(ii) the licence or a condition or restriction to which the
licence is subject.
(3) A suspension or revocation of, or disqualification in relation to, a
licence is not effective unless the Director:
(a) has served written notice of the intention to suspend, revoke,
or disqualify on the licensee, stating the grounds on which the
suspension, revocation or disqualification is intended to be
made and allowing the licensee 21 days within which to
respond to the notice; and
(b) has had due regard to any response to the notice made within
that time; and
(c) has served written notice of the decision to suspend, revoke or
disqualify on the licensee at least 14 days before the decision
is to take effect, stating the grounds on which the decision has
been made.
(4) A person who has received notice under subsection (3)(c) must,
within 2 business days of receiving the notice, or another period
approved by the Director, return the licence document to the
Commissioner.
(5) If a licence is suspended under this section it is to be treated as
being of no effect during the period of suspension.
(6) A person who under this section is disqualified from holding a
licence must not, during the period of disqualification, apply for a
licence of that type.