QLDIn ForceAct
Introduction Agents Act 2001
sec.27Procedure for suspending, cancelling, refusing to renew or imposing conditions on a licence
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### sec.27 Procedure for suspending, cancelling, refusing to renew or imposing conditions on a licence
If the chief executive considers reasonable grounds exist to suspend, cancel, refuse to renew or impose a condition on a licence (the action ), the chief executive must give the licensee a notice (the show cause notice ) that—
states the action proposed and—
if the proposed action is to suspend the licence—states the proposed suspension period; and
if the proposed action is to impose a condition on a licence—states the proposed condition; and
states the grounds for proposing to take the action; and
outlines the facts and circumstances that form the basis for the chief executive’s belief; and
invites the licensee to make representations, within a stated time of not less than 28 days, why the action proposed should not be taken.
If, after considering all representations made within the stated time, the chief executive still believes grounds exist to take the action, the chief executive may—
if the show cause notice stated the action proposed was to suspend the licence for a stated period—suspend the licence for a period not longer than the stated period; or
if the show cause notice stated the action proposed was to cancel the licence—
cancel the licence; or
suspend the licence for a period; or
if the show cause notice stated the action proposed was not to renew the licence—
refuse to renew the licence; or
refuse to renew the license for a period; or
if the show cause notice stated the action proposed was to impose a condition on a licence—impose the condition on the licence for a period.
The chief executive must give the licensee notice of the chief executive’s decision.
If the chief executive’s decision is to cancel, suspend, refuse to renew or impose a condition on the licence, the notice must be a QCAT information notice for the decision.
The decision takes effect on the later of the following—
the day on which the notice is given to the licensee;
the day stated in the notice.
s 27 amd 2003 No. 94 s 47 ; 2009 No. 24 s 600
(sec.27-ssec.1) If the chief executive considers reasonable grounds exist to suspend, cancel, refuse to renew or impose a condition on a licence (the action ), the chief executive must give the licensee a notice (the show cause notice ) that— states the action proposed and— if the proposed action is to suspend the licence—states the proposed suspension period; and if the proposed action is to impose a condition on a licence—states the proposed condition; and states the grounds for proposing to take the action; and outlines the facts and circumstances that form the basis for the chief executive’s belief; and invites the licensee to make representations, within a stated time of not less than 28 days, why the action proposed should not be taken.
(sec.27-ssec.2) If, after considering all representations made within the stated time, the chief executive still believes grounds exist to take the action, the chief executive may— if the show cause notice stated the action proposed was to suspend the licence for a stated period—suspend the licence for a period not longer than the stated period; or if the show cause notice stated the action proposed was to cancel the licence— cancel the licence; or suspend the licence for a period; or if the show cause notice stated the action proposed was not to renew the licence— refuse to renew the licence; or refuse to renew the license for a period; or if the show cause notice stated the action proposed was to impose a condition on a licence—impose the condition on the licence for a period.
(sec.27-ssec.3) The chief executive must give the licensee notice of the chief executive’s decision.
(sec.27-ssec.4) If the chief executive’s decision is to cancel, suspend, refuse to renew or impose a condition on the licence, the notice must be a QCAT information notice for the decision.
(sec.27-ssec.5) The decision takes effect on the later of the following— the day on which the notice is given to the licensee; the day stated in the notice.
- (a) states the action proposed and— (i) if the proposed action is to suspend the licence—states the proposed suspension period; and (ii) if the proposed action is to impose a condition on a licence—states the proposed condition; and
- (i) if the proposed action is to suspend the licence—states the proposed suspension period; and
- (ii) if the proposed action is to impose a condition on a licence—states the proposed condition; and
- (b) states the grounds for proposing to take the action; and
- (c) outlines the facts and circumstances that form the basis for the chief executive’s belief; and
- (d) invites the licensee to make representations, within a stated time of not less than 28 days, why the action proposed should not be taken.
- (i) if the proposed action is to suspend the licence—states the proposed suspension period; and
- (ii) if the proposed action is to impose a condition on a licence—states the proposed condition; and
- (a) if the show cause notice stated the action proposed was to suspend the licence for a stated period—suspend the licence for a period not longer than the stated period; or
- (b) if the show cause notice stated the action proposed was to cancel the licence— (i) cancel the licence; or (ii) suspend the licence for a period; or
- (i) cancel the licence; or
- (ii) suspend the licence for a period; or
- (c) if the show cause notice stated the action proposed was not to renew the licence— (i) refuse to renew the licence; or (ii) refuse to renew the license for a period; or
- (i) refuse to renew the licence; or
- (ii) refuse to renew the license for a period; or
- (d) if the show cause notice stated the action proposed was to impose a condition on a licence—impose the condition on the licence for a period.
- (i) cancel the licence; or
- (ii) suspend the licence for a period; or
- (i) refuse to renew the licence; or
- (ii) refuse to renew the license for a period; or
- (a) the day on which the notice is given to the licensee;
- (b) the day stated in the notice.