100Procedure for disciplinary action

### 100 Procedure for disciplinary action > [*\[Section 100 Repealed by No. 75 of 1999, s. 11, Applied:24 Nov 1999\]*](/view/html/inforce/1999-11-24/act-1999-075#GS11@EN) > > > (1)  If the Commissioner considers it appropriate, the Commissioner may inquire into whether there are grounds for disciplinary action against a licensee or permit holder. > > > (2)  The Commissioner must notify a licensee or permit holder by written notice – > > > > > > (a) that the Commissioner is considering taking disciplinary action on the grounds specified in the notice; and > > > > > > > (b) that the licensee or permit holder, within 14 days of receipt of the notice, may make written submissions to the Commissioner as to why disciplinary action should not be taken. > > > (3)  After considering any submissions made under [subsection (2)](#GS100@Gs2@EN) , the Commissioner may – > > > > > > (a) take such disciplinary action as the Commissioner considers appropriate; or > > > > > > > (b) take no further action. > > > (4)  The Commissioner must serve a licensee or permit holder with written notice of the Commissioner's decision under [subsection (3)](#GS100@Gs3@EN) . > > > (5)  If the Commissioner gives notice under [subsection (4)](#GS100@Gs4@EN) that disciplinary action will be taken, the Commissioner is to, at the same time, inform the licensee or permit holder of the licensee's or permit holder's right to appeal to the Commission against the Commissioner's decision. > > > (6)  Disciplinary action takes effect when the notice under [subsection (4)](#GS100@Gs4@EN) is served on the licensee or permit holder or at a later time specified in the notice. > > > (7)  If disciplinary action is taken relating to a liquor licence or liquor permit because a licensee or permit holder has been convicted of an offence – > > > > > > (a) the disciplinary action does not take effect until – > > > > > > > > > > (i) the expiration of the period to appeal against the conviction; or > > > > > > > > > > > (ii) if an appeal is made against the conviction, the appeal is finally decided; and > > > > > > > (b) the disciplinary action has no effect if the conviction is overturned.