120Revocation process—retailer authorisations and exemptions

120 Revocation process—retailer authorisations and exemptions

120 Revocation process—retailer authorisations and exemptions

(1) This section sets out the revocation process in relation to a retailer authorisation or an exempt seller’s exemption (see sections 107 and 111), and in this section—

(a) the term holder refers to the retailer or exempt seller; and

(b) the term authorisation refers to the retailer’s retailer authorisation; and

(c) the term exemption refers to the exempt seller’s exemption.

(2) The AER must give the holder a notice that it intends to revoke the authorisation or exemption.

(3) The notice must set out the reasons why the AER considers that the grounds for revocation exist.

(4) The notice must request the holder to respond to the notice in writing (by a date and time specified in the notice, being a date not less than 10 business days after the date of service of the notice) by doing either or both of the following—

(a) showing cause why the AER should not revoke the authorisation or exemption;

(b) stating how the holder proposes to address the matters set out in the notice.

(5) If, by the date and time referred to in the notice, the holder has not shown sufficient cause why the AER should not revoke the authorisation or exemption, the AER may revoke the authorisation or exemption if—

(a) the holder has, by that date and time, stated how the holder proposes to address the matters set out in the notice but the AER is not satisfied that the holder can rectify the matters set out in the notice; or

(b) the holder has, by that date and time, failed to state how the holder proposes to address the matters set out in the notice.

(6) Without limiting subsection (5), the AER may revoke the authorisation or exemption if—

(a) the holder has, by the date and time referred to in the notice, informed the AER how the holder proposes to address the matters set out in the notice (including the date by which those matters will have been addressed); and

(b) the holder fails to rectify those matters after being given a reasonable opportunity to do so or otherwise by the date nominated by the holder under paragraph (a).