Kava Management Act 1998
76Suspension or variation in certain circumstances
Start here
Get a plain-English read of 76
Turn the raw legal text into a practical explanation grounded in Kava Management Act 1998.
76 Suspension or variation in certain circumstances (1) The Director may, by notice in writing to a licensee, suspend, impose a condition on or vary a condition of his or her licence where: (a) a complaint is made under section 73 and, in the opinion of the Director, it is in the public interest to do so until the determination or dismissal of the complaint; (ab) the Director proposes to cancel the licence under section 77(2) and, in the opinion of the Director, it is in the public interest to do so until a decision on the cancellation is made; (b) the Director has issued a direction to a licensee under section 75 and is of the opinion that suspension of his or her licence is in the interest of the public until compliance with the direction; (c) a licensee has contravened or failed to comply with his or her licence, this Act or the Regulations and in the opinion of the Director the contravention or failure to comply is of sufficient gravity to justify the suspension or variation of the licence; or (d) subject to subsection (1A), there is an emergency situation (for example, a natural disaster, a medical emergency or community unrest, or the licensee or another licensee is supplying adulterated or contaminated kava) and, in the opinion of the Director, it is in the public interest to do so. (1A) The suspension of the licence or imposition or variation of a condition under subsection (1)(d) is not to have effect for more than 7 days after the licence is suspended or the condition imposed or varied. (2) A notice under subsection (1) is to specify the reasons for the suspension or variation. (3) The suspension or variation of a licence takes effect on: (a) the date on which the licensee receives the notice referred to in that subsection; or (b) if a later date is specified in the notice – that date.
Kava Management Act 1998 45 (4) The Director may, if the Director considers suspension or variation of a licence is no longer justified, revoke the notice of suspension or variation given under subsection (1).