sec.137Procedure for taking disciplinary action in relation to licence

### sec.137 Procedure for taking disciplinary action in relation to licence If the commissioner considers, on reasonable grounds, there is a ground to take disciplinary action relating to a licence (the proposed action ), the commissioner must give the licensee a written notice that states the following— the proposed action; the grounds for the proposed action; an outline of the facts and circumstances forming the basis for the grounds; if the proposed action includes suspending the licence—the proposed suspension period; if the proposed action includes closing the licensed premises for a stated period—the proposed closure period; if the proposed action includes varying the licence—the proposed condition to which the licence is to be subject or the other way in which the authority conferred by the licence is to be limited; if the proposed action includes disqualifying the licensee from holding a licence or permit—the proposed disqualification period; if the proposed action includes requiring the licensee to pay the department an amount—the proposed amount; an invitation to the licensee— to show, by a stated day that is at least 28 days after the notice is given (the last day for representations ), why the proposed action should not be taken; and to make submissions about the proposed action; how representations by the licensee about the proposed action may be made. The commissioner must also give to each interested person relating to the licence, at least 28 days before the show cause period ends, written notice that— states the matters mentioned in subsection (1) (a) to (h) ; and invites the interested person to make representations, in the way stated in the notice, about the proposed action before the last day for representations. s 137 sub 2001 No. 39 s 85 amd 2010 No. 51 s 42 ; 2012 No. 25 ss 131 , 144 (1) ; 2013 No. 64 s 106 ; 2016 No. 62 s 193 (sec.137-ssec.1) If the commissioner considers, on reasonable grounds, there is a ground to take disciplinary action relating to a licence (the proposed action ), the commissioner must give the licensee a written notice that states the following— the proposed action; the grounds for the proposed action; an outline of the facts and circumstances forming the basis for the grounds; if the proposed action includes suspending the licence—the proposed suspension period; if the proposed action includes closing the licensed premises for a stated period—the proposed closure period; if the proposed action includes varying the licence—the proposed condition to which the licence is to be subject or the other way in which the authority conferred by the licence is to be limited; if the proposed action includes disqualifying the licensee from holding a licence or permit—the proposed disqualification period; if the proposed action includes requiring the licensee to pay the department an amount—the proposed amount; an invitation to the licensee— to show, by a stated day that is at least 28 days after the notice is given (the last day for representations ), why the proposed action should not be taken; and to make submissions about the proposed action; how representations by the licensee about the proposed action may be made. (sec.137-ssec.2) The commissioner must also give to each interested person relating to the licence, at least 28 days before the show cause period ends, written notice that— states the matters mentioned in subsection (1) (a) to (h) ; and invites the interested person to make representations, in the way stated in the notice, about the proposed action before the last day for representations. - (a) the proposed action; - (b) the grounds for the proposed action; - (c) an outline of the facts and circumstances forming the basis for the grounds; - (d) if the proposed action includes suspending the licence—the proposed suspension period; - (e) if the proposed action includes closing the licensed premises for a stated period—the proposed closure period; - (f) if the proposed action includes varying the licence—the proposed condition to which the licence is to be subject or the other way in which the authority conferred by the licence is to be limited; - (g) if the proposed action includes disqualifying the licensee from holding a licence or permit—the proposed disqualification period; - (h) if the proposed action includes requiring the licensee to pay the department an amount—the proposed amount; - (i) an invitation to the licensee— (i) to show, by a stated day that is at least 28 days after the notice is given (the last day for representations ), why the proposed action should not be taken; and (ii) to make submissions about the proposed action; - (i) to show, by a stated day that is at least 28 days after the notice is given (the last day for representations ), why the proposed action should not be taken; and - (ii) to make submissions about the proposed action; - (j) how representations by the licensee about the proposed action may be made. - (i) to show, by a stated day that is at least 28 days after the notice is given (the last day for representations ), why the proposed action should not be taken; and - (ii) to make submissions about the proposed action; - (a) states the matters mentioned in subsection (1) (a) to (h) ; and - (b) invites the interested person to make representations, in the way stated in the notice, about the proposed action before the last day for representations.