96BSuspension by Commission

96B Suspension by Commission (1) The Commission, by notice in writing given to a licensee, may suspend the licensee's licence for a period not exceeding 5 days, if the Commission believes on reasonable grounds that— (a) the licensee has engaged in conduct that would constitute grounds for disciplinary action (within the meaning of section 90); and (b) there is a danger that a person may suffer harm, loss or damage as a result of the licensee's conduct unless the licence is suspended. (2) The Commission cannot suspend a licence under subsection (1) unless the Commission— (a) has served a notice in writing on the licensee, at least 48 hours before suspending the licence— (i) specifying the conduct which the licensee is believed to have engaged in and the grounds for the Commission's belief; and (ii) stating the time period within which the licensee must respond to the notice (being not less than 48 hours after service of the notice); and (iii) stating that the Commission intends to suspend the licence, for a specified period, unless the Commission is satisfied with the licensee's response; and (b) has considered any response made by the licensee within the time period specified under paragraph (a)(ii). (3) The suspension of a licence under this section— (a) takes effect when notice of it is given to the licensee under subsection (1) or at the later time specified in that notice; and (b) ceases to have effect at the time specified in that notice. (4) A licence may be suspended under this section whether or not— (a) the Commission has commenced an inquiry under section 91 into whether there are grounds for disciplinary action; or (b) the Commission has invited the licensee to make a submission; or (c) the Commission has commenced an inquiry under section 94; or (d) a breach notice has been served on the licensee under section 97A. (5) No compensation is payable in respect of any loss or damage resulting from or arising out of the suspension of a licence in accordance with this section. S. 96C inserted by No. 58/2011 s. 58.