sec.81Suspension and cancellation of licence after show cause process

sec.81 Suspension and cancellation of licence after show cause process

This section applies if— there are no accepted representations for a show cause notice; or after considering the accepted representations for a show cause notice, the chief executive— still believes a ground exists to suspend or cancel a key person licence; and believes suspension or cancellation of the licence is warranted. This section also applies if a key person licensee contravenes a direction given to the licensee under section 83A . The chief executive may— if the proposed action was to suspend the licence—suspend the licence for not longer than the proposed suspension period; or if the proposed action was to cancel the licence—cancel the licence or suspend it for a period. If the chief executive decides to take action under subsection (3) , the chief executive must immediately— give an information notice about the decision to the key person licensee; and if the chief executive believes there is a key relationship between the licensee and a licensed provider—give written notice of the suspension or cancellation to the licensed provider. The decision takes effect on the later of the following— the day the information notice is given to the key person licensee; the day of effect stated in the information notice. If the chief executive cancels the licence, the key person licensee must give the licence to the chief executive within 14 days after the cancellation takes effect. Maximum penalty for subsection (6) —40 penalty units. s 81 sub 2004 No. 21 s 64 (sec.81-ssec.1) This section applies if— there are no accepted representations for a show cause notice; or after considering the accepted representations for a show cause notice, the chief executive— still believes a ground exists to suspend or cancel a key person licence; and believes suspension or cancellation of the licence is warranted. (sec.81-ssec.2) This section also applies if a key person licensee contravenes a direction given to the licensee under section 83A . (sec.81-ssec.3) The chief executive may— if the proposed action was to suspend the licence—suspend the licence for not longer than the proposed suspension period; or if the proposed action was to cancel the licence—cancel the licence or suspend it for a period. (sec.81-ssec.4) If the chief executive decides to take action under subsection (3) , the chief executive must immediately— give an information notice about the decision to the key person licensee; and if the chief executive believes there is a key relationship between the licensee and a licensed provider—give written notice of the suspension or cancellation to the licensed provider. (sec.81-ssec.5) The decision takes effect on the later of the following— the day the information notice is given to the key person licensee; the day of effect stated in the information notice. (sec.81-ssec.6) If the chief executive cancels the licence, the key person licensee must give the licence to the chief executive within 14 days after the cancellation takes effect. Maximum penalty for subsection (6) —40 penalty units.