187JCancellation order

187J Cancellation order (1) On application under section 187I, the ACAT may make a cancellation order if satisfied— (a) for a licence—that because of the criminal activity of a person involved with the licence, the licensee continuing to hold the licence presents an unacceptable risk to community safety; and (b) for a permit—that because of the criminal activity of a person involved with the permit, the permit-holder continuing to hold the permit presents an unacceptable risk to community safety. (2) For subsection (1)— (a) the ACAT must consider the need to minimise the possibility of criminal activity in the liquor industry; and (b) the matters the ACAT may consider include— (i) whether a person involved with a licence or permit has been convicted or found guilty of a relevant offence or had an exclusion order made against them; and (ii) non-conviction information about a person involved with a

(iii) the harm minimisation and community safety principles. Note Harm minimisation and community safety principles—see s 10. (3) However the ACAT must not make a cancellation order on the basis of— (a) for a licence—the criminal activity of an involved person other than the licensee, unless the ACAT has— (i) told the licensee about the proposed cancellation and who the involved person is; and (ii) given the licensee a stated reasonable time within which to take steps to ensure that the person ceases to be involved with the licence; and (b) for a permit—the criminal activity of an involved person other than the permit-holder, unless the ACAT has— (i) told the permit-holder about the proposed cancellation and who the involved person is; and (ii) given the permit-holder a stated reasonable time within which to take steps to ensure that the person ceases to be involved with the permit. (4) If the ACAT makes a cancellation order for a licence or permit, the chief police officer must give a copy of the order to the commissioner. non-conviction information, about a person, means information about whether the person— (a) has been charged with a relevant offence but— (i) a proceeding for the offence is not finalised; or (ii) the charge has lapsed, been withdrawn or discharged, or struck out; or

(b) has been acquitted of a relevant offence; or (c) has had a conviction for a relevant offence quashed or set aside; or (d) has been served with an infringement notice for a relevant offence; or (e) has a spent conviction for a relevant offence. Note The Spent Convictions Act 2000 sets out which convictions can be spent (see that Act, s 11) and when a conviction is spent (see that Act, s 12). relevant offence means any of the following: (a) an offence punishable by imprisonment for 5 years or longer; (b) an offence against the Crimes Act 1900, section 26 (Common assault) or section 35A (1); (c) an offence involving fraud or dishonesty; (d) an offence against this Act or a law of another jurisdiction substantially corresponding to this Act.