sec.79Show cause notice

sec.79 Show cause notice

This section applies if— the local government that issued a licence believes a ground exists to suspend or cancel the licence; and either the licensee— has not been given, and it is not intended to give the licensee, an improvement notice about a matter to which the ground relates; or has been given an improvement notice about a matter to which the ground relates and the licensee has failed, without a reasonable excuse, to comply with the notice. Under section 209 , an authorised person may give a person an improvement notice requiring the person to remedy, or have remedied, a contravention of a provision of this Act. The local government must give the licensee a notice under this section (a show cause notice ). The show cause notice must state the following— the action the local government proposes taking under this part (the proposed action ); the grounds for the proposed action; an outline of the facts and circumstances forming the basis for the grounds; if the proposed action is suspension of the licence—the proposed suspension period; that the licensee may, within a stated period (the show cause period ), make written representations to the local government to show why the proposed action should not be taken. The show cause period must end at least 21 days after the licensee is given the show cause notice. (sec.79-ssec.1) This section applies if— the local government that issued a licence believes a ground exists to suspend or cancel the licence; and either the licensee— has not been given, and it is not intended to give the licensee, an improvement notice about a matter to which the ground relates; or has been given an improvement notice about a matter to which the ground relates and the licensee has failed, without a reasonable excuse, to comply with the notice. Under section 209 , an authorised person may give a person an improvement notice requiring the person to remedy, or have remedied, a contravention of a provision of this Act. (sec.79-ssec.2) The local government must give the licensee a notice under this section (a show cause notice ). (sec.79-ssec.3) The show cause notice must state the following— the action the local government proposes taking under this part (the proposed action ); the grounds for the proposed action; an outline of the facts and circumstances forming the basis for the grounds; if the proposed action is suspension of the licence—the proposed suspension period; that the licensee may, within a stated period (the show cause period ), make written representations to the local government to show why the proposed action should not be taken. (sec.79-ssec.4) The show cause period must end at least 21 days after the licensee is given the show cause notice.

• (a) the local government that issued a licence believes a ground exists to suspend or cancel the licence; and
• (b) either the licensee— (i) has not been given, and it is not intended to give the licensee, an improvement notice about a matter to which the ground relates; or (ii) has been given an improvement notice about a matter to which the ground relates and the licensee has failed, without a reasonable excuse, to comply with the notice.