sec.147Decision to suspend or cancel

### sec.147 Decision to suspend or cancel This section applies if— the circumstances mentioned in section 145 (1) or (2) exist and the commissioner has not directed the licensed supplier to rectify a matter; or the licensed supplier fails to comply with a direction to rectify a matter within the period stated in the relevant notice. The commissioner may— decide not to take any action in relation to the licensed supplier or licence; or by written notice given to the licensed supplier, censure the licensed supplier for a matter relevant to the show cause notice; or if the commissioner considers a matter relevant to the show cause notice is reasonably capable of being rectified—by written notice given to the licensed supplier, direct the licensed supplier to rectify the matter within the reasonable period stated in the commissioner’s notice; or suspend the licence for the period the commissioner considers appropriate; or cancel the licence; or if the licensed supplier is a licensed monitoring operator—appoint an administrator to conduct the monitoring operations of the licensed supplier under its monitoring operator’s licence. In making a decision under subsection (2) , the commissioner— must have regard to the accepted representations; and may have regard to any other information or material the commissioner considers relevant. If the commissioner directs the licensed supplier to rectify a matter and the licensed supplier fails to comply with the direction within the period stated in the relevant notice, the commissioner may— take the action mentioned in subsection (2) (d) or (e) ; or if the licensed supplier is a licensed monitoring operator—take the action mentioned in subsection (2) (f) . If the commissioner decides not to take any action about the licensed supplier or supplier’s licence, the commissioner must immediately give the licensed supplier written notice of the decision. Subsections (2) (f) and (4) (b) apply despite the Corporations Act . s 147 ins 1997 No. 24 s 13 amd 1999 No. 8 s 44 ; 1999 No. 77 s 55 ; 2001 No. 45 s 29 sch s 2 – 3 ; 2008 No. 2 s 45 sub 2012 No. 25 s 89 (sec.147-ssec.1) This section applies if— the circumstances mentioned in section 145 (1) or (2) exist and the commissioner has not directed the licensed supplier to rectify a matter; or the licensed supplier fails to comply with a direction to rectify a matter within the period stated in the relevant notice. (sec.147-ssec.2) The commissioner may— decide not to take any action in relation to the licensed supplier or licence; or by written notice given to the licensed supplier, censure the licensed supplier for a matter relevant to the show cause notice; or if the commissioner considers a matter relevant to the show cause notice is reasonably capable of being rectified—by written notice given to the licensed supplier, direct the licensed supplier to rectify the matter within the reasonable period stated in the commissioner’s notice; or suspend the licence for the period the commissioner considers appropriate; or cancel the licence; or if the licensed supplier is a licensed monitoring operator—appoint an administrator to conduct the monitoring operations of the licensed supplier under its monitoring operator’s licence. (sec.147-ssec.3) In making a decision under subsection (2) , the commissioner— must have regard to the accepted representations; and may have regard to any other information or material the commissioner considers relevant. (sec.147-ssec.4) If the commissioner directs the licensed supplier to rectify a matter and the licensed supplier fails to comply with the direction within the period stated in the relevant notice, the commissioner may— take the action mentioned in subsection (2) (d) or (e) ; or if the licensed supplier is a licensed monitoring operator—take the action mentioned in subsection (2) (f) . (sec.147-ssec.5) If the commissioner decides not to take any action about the licensed supplier or supplier’s licence, the commissioner must immediately give the licensed supplier written notice of the decision. (sec.147-ssec.6) Subsections (2) (f) and (4) (b) apply despite the Corporations Act . - (a) the circumstances mentioned in section 145 (1) or (2) exist and the commissioner has not directed the licensed supplier to rectify a matter; or - (b) the licensed supplier fails to comply with a direction to rectify a matter within the period stated in the relevant notice. - (a) decide not to take any action in relation to the licensed supplier or licence; or - (b) by written notice given to the licensed supplier, censure the licensed supplier for a matter relevant to the show cause notice; or - (c) if the commissioner considers a matter relevant to the show cause notice is reasonably capable of being rectified—by written notice given to the licensed supplier, direct the licensed supplier to rectify the matter within the reasonable period stated in the commissioner’s notice; or - (d) suspend the licence for the period the commissioner considers appropriate; or - (e) cancel the licence; or - (f) if the licensed supplier is a licensed monitoring operator—appoint an administrator to conduct the monitoring operations of the licensed supplier under its monitoring operator’s licence. - (a) must have regard to the accepted representations; and - (b) may have regard to any other information or material the commissioner considers relevant. - (a) take the action mentioned in subsection (2) (d) or (e) ; or - (b) if the licensed supplier is a licensed monitoring operator—take the action mentioned in subsection (2) (f) .