sec.141Involvement of interested persons of licensed monitoring operators in show cause process

### sec.141 Involvement of interested persons of licensed monitoring operators in show cause process This section applies only if the licensed supplier to whom the show cause notice is given is a licensed monitoring operator. The commissioner must give a copy of the show cause notice to each person the commissioner believes is an interested person of the licensed supplier. Also, the commissioner may, by the show cause notice— require the licensed supplier, within the period stated in the notice, to give a copy of the notice to each interested person of the licensed supplier (other than an interested person to whom a copy of the notice is given under subsection (2) ); and if the commissioner considers it appropriate—require the licensed supplier to give the copy in the way the commissioner considers appropriate. If a requirement under subsection (3) (a) relates to an indirectly interested person of the licensed supplier, the commissioner may, at the licensed supplier’s request, by written notice given to the licensed supplier, designate the person to be an excluded interested person for the licensed supplier. However, the commissioner may designate a person to be an excluded interested person for the licensed supplier only if the commissioner considers it would not be appropriate, or would be unreasonable, in the circumstances to require the licensed supplier to give a copy of the show cause notice to the person, having regard to the following issues— the nature of the person’s interest; the likelihood of the person’s interest not being affected adversely by a suspension or cancellation of the supplier’s licence; the likelihood of the licensed supplier’s interest being improperly prejudiced; another issue the commissioner considers relevant. If a requirement is made of the licensed supplier under subsection (3) , the licensed supplier must comply with the requirement, unless— the licensed supplier has a reasonable excuse; or the interested person to whom the requirement relates is an excluded interested person for the licensed supplier. Maximum penalty—40 penalty units. An interested person to whom a copy of the show cause notice is given, or is required to be given, under this section may make written representations about the notice to the commissioner in the show cause period. s 141 ins 1997 No. 24 s 13 sub 1999 No. 8 s 41 amd 1999 No. 77 s 53 ; 2012 No. 25 s 109 (1) (sec.141-ssec.1) This section applies only if the licensed supplier to whom the show cause notice is given is a licensed monitoring operator. (sec.141-ssec.2) The commissioner must give a copy of the show cause notice to each person the commissioner believes is an interested person of the licensed supplier. (sec.141-ssec.3) Also, the commissioner may, by the show cause notice— require the licensed supplier, within the period stated in the notice, to give a copy of the notice to each interested person of the licensed supplier (other than an interested person to whom a copy of the notice is given under subsection (2) ); and if the commissioner considers it appropriate—require the licensed supplier to give the copy in the way the commissioner considers appropriate. (sec.141-ssec.4) If a requirement under subsection (3) (a) relates to an indirectly interested person of the licensed supplier, the commissioner may, at the licensed supplier’s request, by written notice given to the licensed supplier, designate the person to be an excluded interested person for the licensed supplier. (sec.141-ssec.5) However, the commissioner may designate a person to be an excluded interested person for the licensed supplier only if the commissioner considers it would not be appropriate, or would be unreasonable, in the circumstances to require the licensed supplier to give a copy of the show cause notice to the person, having regard to the following issues— the nature of the person’s interest; the likelihood of the person’s interest not being affected adversely by a suspension or cancellation of the supplier’s licence; the likelihood of the licensed supplier’s interest being improperly prejudiced; another issue the commissioner considers relevant. (sec.141-ssec.6) If a requirement is made of the licensed supplier under subsection (3) , the licensed supplier must comply with the requirement, unless— the licensed supplier has a reasonable excuse; or the interested person to whom the requirement relates is an excluded interested person for the licensed supplier. Maximum penalty—40 penalty units. (sec.141-ssec.7) An interested person to whom a copy of the show cause notice is given, or is required to be given, under this section may make written representations about the notice to the commissioner in the show cause period. - (a) require the licensed supplier, within the period stated in the notice, to give a copy of the notice to each interested person of the licensed supplier (other than an interested person to whom a copy of the notice is given under subsection (2) ); and - (b) if the commissioner considers it appropriate—require the licensed supplier to give the copy in the way the commissioner considers appropriate. - (a) the nature of the person’s interest; - (b) the likelihood of the person’s interest not being affected adversely by a suspension or cancellation of the supplier’s licence; - (c) the likelihood of the licensed supplier’s interest being improperly prejudiced; - (d) another issue the commissioner considers relevant. - (a) the licensed supplier has a reasonable excuse; or - (b) the interested person to whom the requirement relates is an excluded interested person for the licensed supplier.