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].