86HMinister may suspend, cancel or delay a suspension

86H Minister may suspend, cancel or delay a suspension

(1) The Minister may suspend, cancel or delay the suspension of a licence or permit under section 86E if the Minister is satisfied that the cost to the community of the suspension outweighs the benefit of the suspension.

(2) If a licensee or permittee makes an application under this section, the suspension of the licence or permit under section 86F does not take effect until the Minister determines the application.

S. 86HA inserted by No. 20/2018 s. 13.

86HA Demerit points automatically removed on transfer of licence or permit

(1) Subject to subsection (2), the Commission must remove any demerit points from the Register accrued in respect of a licence or permit on the day that an application for the transfer of the licence or permit is granted under section 44 or 47.

(2) The Commission must not remove any demerit points from the Register if the Commission is satisfied that the transferee has a relevant relationship with the transferor.

S. 86I
inserted by No. 71/2011 s. 18, substituted by No. 20/2018 s. 14.

86I Commission may remove demerit points of transferee who has relevant relationship

(1) A transferee who has a relevant relationship with the transferor may apply to the Commission for the removal of any demerit points from the Register accrued in respect of the licence or permit before the transfer.

(2) An application under subsection (1) must be accompanied by the prescribed fee.

(3) The Commission must not remove any demerit points under subsection (1) unless the Commission is satisfied that the transferee has taken sufficient measures in respect of the licence or permit to improve compliance with this Act.

(4) For the purposes of subsection (3), factors that the Commission may consider include, but are not limited to, evidence of a change of management practices or staff training.

S. 86IA
inserted by No. 20/2018 s. 14.

86IA Reinstatement of removed demerit points in the Register

(1) The Commission, on being satisfied that a transferee was wrongly stated in an application as not having a relevant relationship with the transferor on the day that the application for the transfer of the licence or permit was granted under section 44 or 47, must reinstate any demerit points removed from the Register under section 86HA.

(2) For the purposes of being satisfied as mentioned in subsection (1) the Commission—

(a) may consider the information not previously before the Commission; and