43Holder of licence to be notified of proposed action

#### 43 Holder of licence to be notified of proposed action 43 Holder of licence to be notified of proposed action > > (1) The Minister must not take action under section 40, 41 or 42, or the Tribunal must not take action under section 42A, unless— > > > > > (a) notice of the proposed action has been given to the holder of the licence, and > > > > > (b) the holder of the licence has been given a reasonable opportunity to make submissions with respect to the proposed action, and > > > > > (c) the Minister or Tribunal has given due consideration to any such submissions. > > > (2) In addition, the Minister must not take action under section 42, or the Tribunal must not take action under section 42A, in respect of any contravention referred to in that section unless— > > > > > (a) notice of the contravention has been given to the holder of the licence, and > > > > > (b) the holder of the licence has been given a reasonable opportunity to discontinue the contravention and take such steps (if any) as are specified in the notice to remedy the effects of the contravention, and > > > > > (c) the holder of the licence has failed to discontinue the contravention or take those steps. > > > (3) Subsection (1) does not apply to action taken at the request of the holder of the licence. > > **s 43:** Am 2000 No 60, Sch 1.3 \[12\]–\[14\].